SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2009 Supreme(MP) 547

A.K.MISHRA, SUSHMA SHRIVASTAVA
Mukund Lal – Appellant
Versus
Ghanshyam – Respondent


Advocates:
M.L. Jaiswal with Manoj Kushwaha for petitioners; Avinash Jargar for respondents No.1 to 4,6,7, 10 and 14.

ORDER

Mishra, J. -- 1. The defendant Nos. 1 and 2, Mukundlal and Bhagwan Charan have filed the instant writ petition aggrieved by order dated 12.4.2007 by which the counter-claim filed by defendant Nos. 3 to 11 has been allowed.

2. In the plaint the plaintiff-respondent Nos. 1 and 2 have prayed that the disputed property is Joint Hindu Family property of plaintiffs and defendant Nos. 1 to 11. The plaintiffs are also having title and possession. Prayer has been made to dedare the sale-deed executed by defendants No.1 and 2 in favour of defendants No. 15 and 16 to be illegal and void as against the plaintiffs. Further prayer has been made to declare the order dated 24.9.2005 passed by the Collector, District Chhatarpur to be ineffective. Counter claim has been filed by defendants No.3 to 11 for declaring the sale-deed to be illegal and void as against their interest which has been executed by defendants No. 1 and 2 in favour of defendants No. 15 and 16.

3. The trial Court vide order dated 12.4.2007 has overruled the objections raised by defendants No.1 and 2 that counter-claim could not be said to be maintainable inter se the defendants. The trial Court has observed that consideri














Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top