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2021 Supreme(MP) 480

RAJEEV KUMAR SHRIVASTAVA
Manglesh Shrivastava – Appellant
Versus
Mahraban – Respondent


Advocates:
Anil Saxena for applicant; I.S. Asthana for respondents.

ORDER

1. The order dated 1.10.2020 and 1.12.2020 passed by civil Judge Class-I, Morena in Civil Suit No.91A/2020, have been called in question by way of present revision, whereby the Court below has partially dismissed the applications under Order 7 rule 11 (B)(D) CPC and under Order 7 rule 11(C)(D) CPC filed by the present petitioner/ defendant.

2. Briefly stated facts of the case are that the respondents/plaintiffs filed Civil Suit No. 91A/2020 before Civil Judge Class-1, Morena, District Morena, with the pleadings that the respondents/plaintiffs are the Bhumiswami and possession holder of the disputed property. Earlier, disputed property was in the ownership of the mother of the respondents/plaintiffs. After the death of respondents/plaintiffs' mother, the respondents/plaintiffs and their father became the registered owner of the property in question. After the death of father of the respondents/plaintiffs on 20.1.2019, respondents/plaintiffs became the owner and possession holder of the disputed property. According to the petitioner/defendant, she purchased the property from the father of the respondents/plaintiffs by registered sale deed dated 23.12.2014 challenging which the

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