RAJKUMARI Vs. JAIMANTI DEVI

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been filed against the order dated 15/05/2015 (Annexure P1) passed by First Additional District Judge, Dabra, District Gwalior in Civil Suit No.5-A/2013, by which the counter-claim filed by the petitioner has been dismissed on the ground that the counter-claim against the co-defendants, is not maintainable.

(2.) The necessary facts for the disposal of the present petition in short are that the respondents No.1 to 4/plaintiffs have filed a suit for declaration and permanent injunction and further, that the sale deed dated 06/01/2014 executed by defendants No.2 and 3 (respondents No. 6 & 7) in favour of defendants No. 7 & 8 (respondents No.10 & 11) is not binding on the plaintiffs. The petitioner was impleaded as one of the defendants.

(3.) It is the case of the plaintiffs/respondents No.1 to 2 that the petitioner as well as the plaintiffs are the real sisters, and being legal representatives of Harnam Singh they have 1/8 th share in the property in dispute.