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2025 Supreme(Online)(CHH) 3148

HIGH COURT OF CHHATTISGARH
DARAP SINGH @ DEVRAJ – Appellant
Versus
SMT. SARASWATI DEVI – Respondent


Order on Board

07 .01.2025

1. The petitioners have challenged the order passed by IInd Civil Judge, Senior Division, Pandariya, District Kabirdham in Civil Suit No. 10-A/2018 dated 06.11.2024, whereby, the application moved by the petitioners under Order 14 Rule 5 of CPC was allowed and vide order dated 02.12.2024, the application moved under Order 14 Rule 5(2) of CPC has been rejected.

2. Mr. Ravindra Sharma, counsel appearing for the petitioners would submit that the plaintiff filed a suit for declaration to the effect that the sale-deeds executed by her father Bali Singh in favour of the petitioners be declared null and void and for partition, possession and permanent injunction over various survey numbers. During the pendency of the Civil Suit, an application under Order 14 Rule 5 of CPC was moved by the petitioners for framing additional issues, they are :-

i. Whether the petitioners/purchasers of the suit property are title holders of the land purchased through sale-deeds dated

01.09.2018 and 22.02.2019?

ii. Whether the defendants are entitled to get the decree of permanent injunction against the plaintiff ?

3. He would further submit that the plaintiff filed a reply to the applicat

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