HEERA BAI Vs. SUMAN BAI AND ANOTHER

JUDGEMENT

(1.) The petitioner has filed the present writ petition challenging the order dated 5.11.2014 passed by Civil judge Class-II, Pandhurna, Distt. Chhindwara in Civil Suit No. 60-A/2013 thereby rejecting the application filed by the petitioner under section 151 of the Code of Civil Procedure.

(2.) Brief facts of the case are that respondent No. 1 file a suit for confirmation of possession and injunction with respect to the suit lands detailed in the plaint. The allegation of respondent No. 1/plaintiff, in the plaint, is that the suit land was jointly purchased by the petitioner and respondent No. 1 vide registered sale-deed dated 16.6.2008, however, the sale consideration was paid by respondent No. 1 and respondent No. 1 is the owner of the suit lands. He further alleged that the petitioner is trying to interfere with possession of the respondent No. 1 over the suit lands. Respondent No. 1, therefore, filed a suit for possession as well as for injunction.

(3.) On summon being issued, the petitioner has filed the written statement and has stated that the petitioner has half share in the suit land, accordingly, he filed counter-claim, claiming the relief of half share of he land the injunction. Respondent No. 1 filed reply to the counter claim and opposed the relief claimed in the counter-claim.