CAV Order

1. This petition is filed by the applicant against the order dated

16.08.2019 passed by V Additional Judge to the Court of First Civil Judge Class-II, Durg in Civil Suit No. 50B/2019 whereby the Court below has dismissed the application filed by the applicant under Order 7 Rule 11 of CPC.

2. Brief facts of the case are that plaintiffs/non-applicants had filed a civil suit for declaration and permanent injunction against the applicant/defendant before V Additional Sessions Judge to the Court of 1st Civil Judge, Class-II, Durg which was registered as Civil Suit No. 50B/2019. In the plaint, it was stated that the sale deed dated 12.03.2014 executed in favour of the defendant relating to the suit land and house ought to in relation to 3/4th of the land of non-applicant No.1/plaintiff No.1 whereas it also includes the 1/4th share of plaintiff No.2/respondent No.2. Hence, it is illegal not binding on the plaintiffs. The 1/4th share of plaintiff No.2 shown in the plaint A,B,C,D is in his possession. The defendant be restrained by way of permanent injunction from interfering over the said 1/4th share of plaintiff No.2. The applicant who is defendant in civil suit moved an applicati