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2026 Supreme(Online)(P&H) 78338

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Vikram Aggarwal, J
Amra – Appellant
Versus
Aasam Khan – Respondent


Advocates:
For the Appellants/Petitioners: Jai Vir Yadav, Ashutosh Sharma
For the Respondents: Ashish Aggarwal, Anmol Rattan S. Dhillon, Devansh Verma

VIKRAM AGGARWAL, J.

The instant petition, preferred under Article 227 of the Constitution of India, assails the order dated 24.05.2024 (Annexure P.4), passed by the Court of Civil Judge (Junior Division), Nuh, vide which the application filed by the petitioners-defendants (hereinafter referred to as `the petitioners’) under Order 7 Rule 11 of the Code of Civil Procedure, 1908 (for short `the CPC’) for rejection of the plaint, was dismissed.

The respondents-plaintiffs (hereinafter referred to as ‘the respondents’) instituted a suit (Annexure P-1) for declaration to the effect that judgment and decree dated 10.12.1997 passed in Civil Suit No. 19 of 1995, was illegal, null and void and was obtained by fraud and misrepresentation and sale deed dated 01.02.2006 and mutation Nos. 3079, 3080, 3028 and 3029, were not binding on the rights of the plaintiffs. Consequential relief of possession and permanent injunction was also sought.

It was claimed that one Mohd. Ishq @ Ishaq and Rahim Khan had purchased land measuring 9 bighas from Sardar Khan vide sale deed dated 25.03.1958. After consolidation proceedings, land measuring 38 kanals 9 marlas (fully detailed in the plaint) situated within t

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