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2024 Supreme(Online)(MP) 27728

HIGH COURT OF MADHYA PRADESH
Siddhartha – Appellant
Versus
Ashutosh – Respondent


Advocates:
Rahul Sethi,

O R D E R

This revision petition has been filed by the applicants being aggrieved with the order dated 13.01.2021 passed by 4th Civil Judge, Senior Division, Indore in Civil Suit No.424-A/2021 by which the application of the applicants/defendants no. 3 to 6 filed under Order 7 Rule 11 of the CPC was rejected.

02. As per the plaint averment, the plaintiffs case before the trial Court was that the respondents raised the construction of wall over the public road passing through Survey No.1314 and 1318 of village Khajrana which connects Saket Nagar to Telephone Nagar through Gulmohar Colony and the said illegal construction on the road by the private defendant was compounded by defendant no.1 on 13.03.2018 and has prayed that the decree of declaration be passed declaring that order dated 13.03.2018 passed by defendant no.1 is null & void and illegal and in any case is not binding upon the plaintiff and the decree of mandatory injunction thereby directing private defendants to remove the illegal encroachment of wall made upon said 12 meter wide road Signature Not Verified between Survey Nos.1314 and 1318 of village Khajrana and also for the permanent injunction to restraining the defendan

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