SHYAMLAL DHAKAD Vs. SHRILAL DHAKAD

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been filed against the order dated 20.03.2019 passed by 2nd Civil Judge, Class-I, Shivpuri in Civil Suit No. 9-A/2014, by which the application filed by the respondent No. 1 - Shrilal Dhakad under Order 32 Rule 4 read with Section 151 of CPC has been allowed and the son of the plaintiff Nandkishore has been appointed as guardian Adlitem.

(2.) The necessary facts for the disposal of the present petition in short are that the plaintiff/respondent No. 1 has filed a suit for declaration of title and permanent injunction against the petitioner and respondents No. 2 and 3 pleading inter alia that he is the Bhumiswami and in possession of half of the agricultural land bearing Survey No. 940, 942, 951, 952, 994, 2275, 2279, 2282, 2283 situated at village Jamkho, Tahsil and District Shivpuri. It was further pleaded that on 14.11.2011 defendant No. 1 Jabar Singh had purchased Survey No. 483 from him and a registered sale deed was also executed but fraudulently on the same day, the defendant No. 1 Jabar Singh also got one power of attorney executed in his favour and on the basis of said power of attorney, he has executed a registered sale deed of the land in question to the petitioner on 23.11.2011 and it was further alleged that no consideration of the sale amount has been paid to him. It was further pleaded that after the plaintiff got the knowledge of the power of attorney and sale deed dated 22.08.2012, therefore, he filed the suit on 04.09.2012.

(3.) The petitioner as well as defendant No.1 filed their written statement and denied the plaint averments.