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2024 Supreme(Online)(MP) 38718

HIGH COURT OF MADHYA PRADESH
AVANINDRA KUMAR SINGH, J
Sujeet Kesharwani – Appellant
Versus
Modi Grah Nirman Sahakari Samiti Maryadit Jabalpur – Respondent


Advocates:
Swapnil Nayak,

ORDER

This revision has been filed under Section 115 of the Code of Civil Procedure against the order dated 2.3.2024 passed in Civil Suit RCSA No. 914-A of 2021 by the 22 nd District Judge, Jabalpur whereby application filed by the applicant/defendant no.9 under Order 7 Rule 11 r/w Section 151 of CPC has been dismissed.

2. It is seen from the record that the plaintiff- respondent no.1 had filed a civil suit for declaration and permanent injunction regarding suit property as mentioned in the suit with the prayer to declare the sale deed dated 19.2.2021 executed in favour of the petitioner-defendant no. 9 as null and void with further prayer to injunct the defendants not to interfere in the suit property. It is seen that in this case the defendant no. 9 has also filed the NEUTRAL CITATION NO. 2024:MPHC-JBP:63321 Signed by: BASANT KUMAR framed issues on 20 th October 2022.

3. On the other hand, learned counsel for defendant no. 9 in his Written Statement and counter claim has sought dismissal of the suit and for decreeing the counter claim. The petitioner/defendant no. 9 filed an application under Section 07 Rule 11 of CPC. By order dated 2 nd March 2024, the trial court has rejected t

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