SURAJ Vs. JINESHCHANDRA AND OTHERS

JUDGEMENT

(1.) The petitioner before this Court has filed this present petition being aggrieved by the order dated 30/10/2018 passed by the trial Court on an application preferred u/S. 151 of the Code of Civil Procedure, 1908.

(2.) Facts of the case reveal that the respondent No.1 has filed a Civil Suit for declaration and for grant of perpetual injunction against respondent Nos. 2, 3 and 6. It was pleaded in that plaint that Survey No.549 area 0.502 Are situated in village Gurjarbariya, Tehsil & District Mandsaur. It was also pleaded in the plaint that in the aforesaid area of land Rajibai d/o Gamniram is having 1/2 share and the other co-owners including respondent Nos. 6 to 7 are having 1/2 share. It was also pleaded that corresponding entries have been made in the revenue record from 2001 to 2017. The plaintiffs have further pleaded that certain co-owners namely; Guddibai, Kishore and Kiranbai had sold 0.032 Are of total area of 0.124 Are of Survey No. 549/1 to respondent No.1 vide registered sale deed dated 4/7/2017.

(3.) The plaintiffs have further pleaded that Lalitabai d/o Gamniram Patidar sold 0.032 Are of total area of 0.124 of Survey No. 549/1 to respondent No.1 vide registered sale deed dated 28/7/2017 and the aforesaid land purchased by respondent No.1 ie., 0.064 are of Survey No. 549/1 is the disputed land in respect of Civil Suit filed by respondent No.1.