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2017 Supreme(MP) 480

ANAND PATHAK
Gomtiprasad – Appellant
Versus
Mahesh Singh – Respondent


Advocates:
P.C. Chandil for petitioners;
Pawan Vijayvargiya for respondents No.1 and 2;
Kamal Jain, Government Advocate for respondent No.6/State.

ORDER

1. The present petition under Article 227 of the Constitution of India has been preferred by the petitioners challenging the order dated 19.6.2014 passed by the Additional District Judge Ambah whereby the trial Court has directed the petitioners-plaintiffs to pay ad valorem court-fee instead of fixed court-fee.

2. According to counsel for the petitioners, petitioners-plaintiffs are real brother and sister (son and daughter of respondent No.4-defendant No.4), and respondent No.5 is the real brother of the petitioners. Respondent No.4 who happens to be the father of petitioners as well as respondent No.5 executed a sale deed in favour of present respondents No.1 to 3, and sold the suit property to respondents No.1 to 3 representing himself as the sole owner and possessor of the suit property.

3. Petitioners-plaintiffs have preferred a civil suit for declaration and permanent injunction and contended that the suit property has been disposed of by respondent No.4 in favour of respondents No.1 to 3 without any authority because the property was ancestral in nature and, therefore, present petitioners-plaintiffs are also holders of 1/4 shares of the suit property and their shares could


































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