Bahadur Lal vs Jokhai Kachhi
2022 Latest Caselaw 16902 MP

                                                       1
                             IN    THE    HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                     BEFORE
                                    HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                           ON THE 20 th OF DECEMBER, 2022
                                            SECOND APPEAL No. 2396 of 2022

                            BETWEEN:-
                            1.    BAHADUR LAL S/O SHRI AYODHYA KACHHI,
                                  AGED    ABOUT   54   YEARS, OCCUPATION:
                                  AGRICULTURE VILLAGE KHATKHARI PADAN
                                  TOLA POLICE STATION SHAHPUR TEHSIL
                                  HANUMANA    DISTRICT   REWA    (MADHYA
                                  PRADESH)

                            2.    SANTOSH KUMAR SON OF MUNNALAL KACHHI
                                  DECEASED THROUGH LRS SHEELA W/O SANTOSH
                                  KUMAR, AGED ABOUT 32 YEARS, R/O VILLAGE
                                  KHATKARI PADAN TOLA POLICE STATION
                                  SHAHPUR THESIL HANUMANA DISTRICT REWA
                                  (MADHYA PRADESH)

                            3.    ANJALI D/O SANTOSH KUMAR, AGED ABOUT 13
                                  YEAR S , OCCUPATION: MINOR THROUGH LRS
                                  MOTHER SHEELA W/O SANTOSH KUMAR KACHHI
                                  AGED      ABOUT   32   YEARS   OCCUPTION
                                  AGRICULTURIST R/O VILLAGE KHATKARI PADAN
                                  TOLA POLICE STATION SHAHPUR THESIL
                                  HANUMANA         DISTRICT REWA  (MADHYA
                                  PRADESH)

                            4.    PRASU S/O SANTOSH KUMAR, AGED ABOUT 10
                                  YEAR S , OCCUPATION: MINOR THROUGH LRS
                                  MOTHER SHEELA W/O SANTOSH KUMAR KACHHI
                                  AGRD      ABOUT   32   YEARS   OCCUPTION
                                  AGRICULTURIST R/O VILLAGE KHATKARI PADAN
                                  TOLA POLICE STATION SHAHPUR THESIL
                                  HANUMANA         DISTRICT REWA  (MADHYA
                                  PRADESH)

                                                                             .....APPELLANTS
                            (BY SHRI LALITENDRA PRATAP SINGH, ADVOCATE)

                            AND
                            1.    JOKHAI KACHHI S/O RAMAVATAR KACHHI,
                                  AGED ABOUT 64 YEARS, VILLAGE KHATKHARI
Signature Not Verified
Signed by: KUMARI PALLAVI
SINHA
Signing time: 12/21/2022
1:22:45 PM
                                                         2
                                  POLICE STATION SHAHPUR TAHSIL HANUMANA
                                  DISTRICT REWA (MADHYA PRADESH)

                            2.    RAJESH KACHHI S/O JOKHAI KACHHI, AGED
                                  ABOUT 34 YEARS, R/O VILLAGE KHATKARI
                                  PADAN TOLA POLICE STATION SHAHPUR THESIL
                                  HANUMANA        DISTRICT REWA   (MADHYA
                                  PRADESH)

                            3.    SMT. SUKHRANIYA W/O JOKHAI KACHHI, AGED
                                  ABOUT 59 YEARS, R/O VILLAGE KHATKARI
                                  PADAN TOLA POLICE STATION SHAHPUR THESIL
                                  HANUMANA        DISTRICT REWA   (MADHYA
                                  PRADESH)

                            4.    SMT. DEVKALI W/O RAJESH KACHHI, AGED
                                  ABOUT 33 YEARS, R/O VILLAGE KHATKARI
                                  PADAN TOLA POLICE STATION SHAHPUR THESIL
                                  HANUMANA        DISTRICT REWA   (MADHYA
                                  PRADESH)

                            5.    MAHESH KACHHI S/O JOKHAI KACHHI, AGED
                                  ABOUT 30 YEARS, R/O VILLAGE KHATKARI
                                  PADAN TOLA POLICE STATION SHAHPUR THESIL
                                  HANUMANA        DISTRICT REWA   (MADHYA
                                  PRADESH)

                                                                                        .....RESPONDENTS


                                  This appeal coming on for admission this day, th e court passed the
                            following:
                                                                ORDER

This second appeal has been preferred by the plaintiffs/appellants challenging the judgment & decree dated 18.08.2022 passed by learned Second District Judge Mauganj, Rewa in Civil Appeal No. RCA 39/18 reversing the judgment & decree dated 07.05.2018 passed by Civil Judge Class-II, Hanumana, District-Rewa in Civil Suit No. 93/2017 whereby learned trial Court decreed the suit filed simplicitor for permanent injunction, which in appeal has been reversed by dismissing the suit.

The instant suit was filed by the appellants/plaintiffs for permanent Signature Not Verified Signed by: KUMARI PALLAVI SINHA Signing time: 12/21/2022 1:22:45 PM

injunction against the defendants with regard to land Khasra No. 1735/1 area 0.20 acre situated in Village-Khatkhari, Tahsil-Hanumana seeking injunction with regard to raising of construction by the defendants, which was decreed by learned trial Court vide judgment & decree dated 07.05.2018 in respect of area 0.03 acre of khasra No. 1735/1 as described in Schedule A from red ink. In appeal filed by the defendants, learned first appellate Court vide impugned judgment & decree dated 18.08.2022, has dismissed the suit holding the suit land to be joint land of the parties.

In view of the aforesaid factual backdrop and the findings recorded by learned first appellate Court, the learned counsel appearing for the appellants/plaintiffs in the light of decision of Supreme Court in the case of Anathula Sudhakar Vs. P.Buchi Reddy (2008) 4 SCC 594 (para 14) prays for withdrawal of this second appeal with liberty to file fresh suit for declaration of title and consequential relief or an application for partition of the land, as provided under Section 178 of the M.P. Revenue Code, 1959.

Prayer being reasonable is accepted and this second appeal is dismissed with the aforesaid liberty.

Interim application(s), if any, shall stand disposed off.

(DWARKA DHISH BANSAL) JUDGE Pallavi

Signature Not Verified Signed by: KUMARI PALLAVI SINHA Signing time: 12/21/2022 1:22:45 PM