Order On Board

12.01.2022

1. This Writ Petition has been filed under Article 227 of the Constitution of India against the order dated 15.12.2021 passed by the 11th Additional District Judge, Raipur (CG) in Civil Suit No.2-A/2016 whereby, the application under Order 6 Rule 17 CPC preferred by the Petitioner/Defendant No.1 was dismissed.

2. Brief facts of the case are that the Petitioner is the son of Respondent No.1/Plaintiff and according to the Plaint, Respondent No.1/Plaintiff had purchased the suit land from Respondent No.3/Defendant through a registered sale deed dated 16.03.2000 in the name of the Petitioner/Defendant No.1 and later on house has been constructed. Petitioner/Defendant No.1 was threatening his father Respondent No.1/Plaintiff and brother/Defendant No.2 to vacate the suit house, otherwise he would alienate the same, therefore, the Plaintiff has preferred a suit for declaration and permanent injunction. The Petitioner has categorically denied the plaint averments and has stated that the suit property was purchased from his own income and his father, mother and brother are residing there with his consent. The Petitioner/Defendant No.1 has moved an application under O