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2023 Supreme(Online)(MP) 213

HIGH COURT OF MADHYA PRADESH
Kamlesh Kumar Pathak – Appellant
Versus
Ramjilal Pathak – Respondent


Advocates:
Jitendra Kumar Sharma,

ORDER

The present petition under Article 227 of the Constitution of India is directed against the order dated 21.08.2019 passed by Civil Judge, Class-I, Joura District Morena in case No.35-A/2018, whereby an application filed by the respondents/defendants No.1,2 and 3 under Order 7 Rule 11 CPC has been allowed and the petitioner/plaintiff has been directed to pay advalorem court fee @ 12%.

2. Short facts of the case are that the petitioner/plaintiff had filed a suit for declaration of title and grant of permanent injunction against the present respondents/defendants averring that the respondent No.1 is father of the plaintiff and defendants No. 2 to 4 are his brothers, and all of them are living jointly in the ancestral house situated at Nagar Panchayat Joura, Ward No.5, House No.37, Vyas Gali, whose specifications are 15 ft. from East to West and length is 80 ft. from North to South, admeasuring 1200 sq. ft. and is constructed three stories. In the plaint, it has been further averred that the father of the plaintiff i.e. respondent No.1 had purchased the said land from one Tunda Kori vide registered sale deed dated 24.08.1960 and for construction of the house on it the plaintiffs

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