SUNIL KUMAR CHOURASIYA Vs. KULDEEP CHADDHA AND OTHERS
LAWS(MPH)-2018-4-430
HIGH COURT OF MADHYA PRADESH
Decided on April 26,2018

Sunil Kumar Chourasiya Appellant
VERSUS
Kuldeep Chaddha And Others Respondents

JUDGEMENT

Vijay Kumar Shukla, J. - (1.) With the consent of the parties, the matter is heard finally. In the instant petition filed under Article 227 of the Constitution of India, a challenge has been made to the order dated 27-01-2018, passed by 3rd Civil Judge Class-I Chhindwara, whereby an application filed by the respondents /defendants for appointment of Commissioner under Order 26 Rule 9 CPC has been allowed.
(2.) The facts necessary for disposal of the present petition are that the petitioner filed a civil suit seeking relief of injunction. Claim in the suit was based on the ground that the petitioner purchased land bearing Khasra Nos.1766/1 & 1774/85 from the respondent no.3 vide registered sale deed dated 15-12-2010. Pursuant to the sale, name of the petitioner came to be recorded in the revenue records. It was further stated in the plaint that the respondent nos. 1 and 2 are owners of land bearing Khasra Nos. 1766 and 1774/4, however, the respondent nos. 1 and 2 are forcibly trying to interfere with the possession of the petitioner.
(3.) The respondent nos.1 and 2 filed written statement and opposed the claim of the petitioner. In the written statement, it was inter-alia stated that vendor of the petitioner had no authority to alienate the property in question to the petitioner. It was further alleged that the disputed property was given to the petitioner on license, however after termination of license, the petitioner did not hand over possession to the respondent nos. 1 and 2.;


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