Order on Board

06.11.2023

1) This petition has been filed against the order dated 26.08.2021 passed by the XIVth Civil Judge Class-II Durg, District- Durg in Civil Case No.195 of 2017 whereby the application moved by the petitioner under Order 26 Rule 9 of the CPC has been rejected.

2) Facts of the present case are that a civil suit was filed by the petitioner for declaration of title and permanent injunction in respect of land bearing Survey No.282/7 (New Survey No.3316) ad-measuring 0.030 hectares, Plot No.101, total area 2820 sq. ft. situated at village Kohka Bhilai, Patwari Circle No.19, Revenue Circle Durg, District Durg on the ground that the plaintiff had purchased the above-stated land through a registered sale deed on 05.02.1992 from Mrs. Sharda Vishwanath. Defendant No.1 filed the written statement and stated that the suit land was purchased by him through a registered sale deed on 10.09.2015 and he is in possession and raising construction over it.

3) Learned counsel for the petitioner would submit that the order dated 26.08.2021 passed by the learned Court below is contrary to the law. He argues that vide registered sale deed dated 05.02.1992 the petitioner/plaintiff purcha