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2024 Supreme(Online)(CG) 5512

HIGH COURT OF CHHATTISGARH
Narendra Kumar Vyas
PRABODH PATHAK (ADVOCATE) – Appellant
Versus
NIRMAL PARAKH – Respondent


Advocates:
Mr. Devershi Thakur, Advocate.
For respondents:Mr. Shobhit Kostha, Advocate.

CAV ORDER

1. The petitioner/plaintiff has preferred the instant writ petition under Article 227 of the Constitution of India, assailing the order dated 24-08- 2021 passed by the learned XIIIth Civil Judge, Class-II, District Raipur in Civil Suit No. 149-A/2021 by which the learned trial Court though rejected the application file under Order 7 Rule 11 of C.P.C. but has directed the plaintiff/petitioner to affix the proper court fees on the valuation as mentioned in the sale deed.

2. Brief facts as reflected from the record are that the plaintiff has filed civil suit for declaring the sale deed dated 16-2-2021 as without jurisdiction, illegal and void and not binding upon the plaintiff with regard to property bearing Khasra No 644/462, area 560 sq.ft and Khasra No 644/663 area 50 sq.ft., total 610 area 610 sq.ft situated at Ward No. 68, Madhavrao Sapre Ward, presently Ward No. 69, Mouja Raipura, Patwari Halka No. 104/57, R.N.M, Raipur-1, Tahsil and District Raipur wherein a house in the ground and first floor have been constructed. It has been contended in the plaint that the plaintiff and defendants are known to each other. The plaintiff has taken some financial assistance by way of l

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