Ashok Kumar Gupta vs Nagar Panchayat Alampur
2022 Latest Caselaw 9659 MP

                             1
        IN THE HIGH COURT OF MADHYA PRADESH
                     AT GWALIOR
                           BEFORE
        HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                      ON THE 14th OF JULY, 2022

                 MISC. PETITION No. 2773 of 2021

     Between:-
1.   ASHOK KUMAR GUPTA S/O LATE SHRI
     RAMSEWAK GUPTA, AGED 53 YEARS, R/O
     WARD NO.7, ALAMPUR TAHSIL LAHAR,
     DISTRICT- BHIND (MADHYA PRADESH)

2.   RAMBABU GUPTA S/O LATE SHRI RAMSEWAK
     GUPTA, AGED 50 YEARS, R/O WARD NO.7,
     ALAMPUR TAHSIL LAHAR, DISTRICT- BHIND
     (MADHYA PRADESH)

3.   DEVENDRA GUPTA S/O LATE SHRI RAMSEWAK
     GUPTA R/O WARD NO.7, ALAMPUR TAHSIL
     LAHAR, DISTRICT- BHIND (MADHYA PRADESH)

4.   VINAY GUPTA S/O LATE SHRI RAMSEWAK
     GUPTA, R/O WARD NO.7, ALAMPUR TAHSIL
     LAHAR, DISTRICT- BHIND (MADHYA PRADESH)

5.   VIKASH GUPTA S/O LATE SHRI RAMSEWAK
     GUPTA, R/O WARD NO. 7, ALAMPUR TAHSIL
     LAHAR, DISTRICT- BHIND (MADHYA PRADESH)

6.   SMT. BITTI DEVI W/O LATE SHRI RAMSEWAK
     GUPTA, R/O WARD NO. 7, ALAMPUR TAHSIL
     LAHAR, DISTRICT- BHIND (MADHYA PRADESH)

                                                   .....PETITIONERS
     (BY SHRI N.K. GUPTA - LEARNED SENIOR ADVOCATE WITH SHRI
     RAVI GUPTA- LEARNED ADVOCATE)

     AND

1.   NAGAR PANCHAYAT ALAMPUR, DISTRICT-
     BHIND (M.P.) THROUGH CHIEF MUNICIPAL
     OFFICER NAGAR PANCHAYAT ALAMPUR,
     DISTRICT- BHIND (MADHYA PRADESH)

2.   NAGAR PANCHAYAT ALAMPUR, DISTRICT-
     BHIND (M.P.) THROUGH PRESIDENT NAGAR
     PANCHAYAT ALAMPUR, DISTRICT- BHIND
                                      2
         (MADHYA PRADESH)

3.       STATE OF MADHYA PRADESH THROUGH
         COLLECTOR, DISTRICT- BHIND (MADHYA
         PRADESH)

4.       LAXMI NARAYAN S/O SHRI KISHANLAL R/O
         WARD NO. 7, ALAMPUR TAHSIL LAHAR,
         DISTRICT- BHIND (MADHYA PRADESH)

                                                                .....RESPONDENTS
         (SHRI S.P. JAIN - LEARNED ADVOCATE FOR RESPONDENTS NO.1
         AND 2 )
         (SHRI SHIRAZ QURESHI- LEARNED GOVERNMENT ADVOCATE
         FOR RESPONDENT NO.3/STATE)

      Th is petition coming on for hearing this day, th e court passed the
following:
                                      ORDER

This petition under Article 227 of the Constitution of India has been filed against the order dated 11/08/2021 (Annexure P/1) passed by 1st Civil Judge, Lahar, District- Bhind (M.P.) in Civil Suit No.15A/2014, whereby the application filed under Order 6 Rule 17 of CPC by the petitioners/plaintiffs has been dismissed on 11/08/2021.

The brief facts leading to filing of this case are that petitioners' father/original plaintiff- Ramsevak filed a civil suit for declaration and permanent injunction against respondents/defendants. Respondents appeared and submitted their written submissions. Thereafter, both the parties adduced their evidence. After that, petitioners/plaintiffs filed an application before the SDM, Lahar in Case No.142/72 under Order XI Rule 17 read with Section 151 of CPC seeking amendment in their plaint in para 11 to the effect that they may be permitted to amend the plaint. On 28/08/1974, the SDM declared the petitioners as possession holder of the suit property. Nowhere the SDM found the possession of the petitioners/plaintiffs as illegal. Thereafter, as owner, plaintiffs

are using the aforesaid property which is in the knowledge of respondents/defendants. Their possession was undisturbed. Respondents have submitted a complaint against respondent No.4 who was also plaintiff/petitioner- Laxminarayan herein that he is in illegal possession of constructed disputed shop which was dismissed by order dated 24/08/1995 and Laxminaraya was acquitted from the charges. Thereafter, Writ Petition No.2351/2003 (Murli Manohar Divoliya Vs. State of M.P.) was filed at Principal Seat of Jabalpur in which on 06/03/2005, the District Collector submitted list of encroachers which was not in the knowledge of petitioners which was purposely filed to harm the petitioners.

In reply, the respondents have submitted that the case is fixed for final argument on 28/02/2022. The petitioners/plaintiffs had a knowledge about the aforesaid amendment in the plaint averment which they want to amend. Only just to delay disposal of case, they have filed the aforesaid application which was dismissed.

Learned senior counsel for the petitioners/plaintiffs relied upon the judgment of Hon'ble Apex Court in the case of Ravinder Kaur Grewal and Others Vs. Manjit Kaur and Others reported in 2019 (4) M.P.L.J and contended that a suit for declaration of title and for restoration of possession on the basis of adverse possession, there is absolutely no bar for perfection of title

by way of adverse possession whether a person is suing as plaintiff or being sued as a defendant. Filing of the suit on the basis of adverse possession is permissible. Thereafter, he filed the aforesaid application and during the evidence, the documents were accepted.

Per contra, Shri S.P. Jain, learned Advocate for respondents No.1 and 2 relied upon the judgment in the case of State Bank of Hyderabad Vs. Town

Municipal Council [(2007) 1 SCC 765].

Having heard the learned counsel for the parties and perusal of record as well as the judgments relied upon by both the parties, this Court is of the opinion that present petition deserves to be and is hereby allowed. The impugned order dated 11/08/2021 (Annexure P/1) passed by 1st Civil Judge, Lahar, District- Bhind (M.P.) in Civil Suit No.15A/2014 is set-aside.

The present suit is pending since 2014, therefore, the Trial Court is directed to expedite the proceedings pending before 1st Civil Judge, Lahar, District- Bhind (M.P.) in Civil Suit No.15A/2014 and conclude the same in accordance with law within a period of three months from the date of certified copy of this order. Respondents are free to amend in their consequential pleadings in view of the amendment of plaintiff before the trial Court. It is made clear that both the parties shall not lead any evidence.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE rahul

Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d0cde4dee4 73fe77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D487, serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD4AB9D159 B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2022.07.15 18:59:06 +05'30'