Ram Narayan Brahman vs Sudarshan Prashad Patel
2022 Latest Caselaw 1526 MP

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                                The High Court Of Madhya Pradesh
                                          MP No. 505 of 2022
                                     (RAM NARAYAN BRAHMAN Vs SUDARSHAN PRASHAD PATEL)

                      Jabalpur, Dated : 02-02-2022
                            Heard through Video Conferencing.

                            Shri Vinod Kumar Dubey, learned counsel for the petitioner.
                            Petitioner has filed this writ petition calling in question order dated
                      11.1.2022 passed by Appellate Authority in appeal whereby order passed by
                      the trial Court dismissing application for grant of temporary injunction was
                      reversed and order of temporary injunction in favour of plaintiff was passed.

                            It is submitted by counsel for the petitioner that trial Court has passed
                      well reasoned order on basis of spot inspection which was conducted by
                      Patwari and Revenue Inspector. On the basis of order passed by SDO, trial
                      Court held that respondent Ram Nayaran Brahman is in de facto possession

of land in question. In view of spot inspection report, trial Court refused to grant injunction. Appellate Court reversed the order on the ground that spot inspection report cannot be given weightage over entries recorded in khasra panchnama. Name of respondent is recorded in the khasra panchnama, therefore, order passed by the trial Court was reversed.

At this stage, counsel appearing for the petitioner prays for short time to examine the judgments relied upon by the trial Court and make submission before this Court.

List the matter after a week.

(VISHAL DHAGAT) JUDGE

DUBEY/-

Signature
 SAN      Not
Verified

Digitally signed by
ARVIND KUMAR
DUBEY
Date: 2022.02.03
12:08:45 IST