Ramkumar vs Yagyanarayan
2022 Latest Caselaw 3320 MP

                              1
     IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                               BEFORE
                   HON'BLE SMT. JUSTICE ANJULI PALO
                       ON THE 9th OF MARCH, 2022

                   MISC. PETITION No. 1843 of 2017

       Between:-
1.     RAMKUMAR S/O GAJROOP SAHU , AGED ABOUT
       70 YEARS, OCCUPATION: AGRICULTURISTS GRAM
       SURWARI TOLA, TEH. MADA, (MADHYA PRADESH)

2.     MANPHER S/O LATE JEETAN SAHU , AGED ABOUT
       57 YEARS, OCCUPATION: AGRICULTURISTS R/O.
       GRAM SURWARI TOLA TEH. MADA DISTT.
       SINGRAULI (M.P.) (MADHYA PRADESH)

3.     RAMBHAJAN S/O ANNELAL SONAR , AGED ABOUT
       49 YEARS, R/O. GRAM SURWARI TOLA TEH. MADA
       DISTT. SINGRAULI (M.P.) (MADHYA PRADESH)

4.     RAMMANOHAR S/O ANNELAL SONAR , AGED
       ABOUT 33 YEARS, OCCUPATION: AGRICULTURIST
       R/O. GRAM SURWARI TOLA TEH. MADA DISTT.
       SINGRAULI (M.P.) (MADHYA PRADESH)

5.     RAMBHAGAT S/O ANNELAL SONAR , AGED
       ABOUT        33        YEARS, OCCUPATION:
       AGRICULTURISTS R/O. GRAM SURWARI TOLA
       TEH. MADA DISTT. SINGRAULI (M.P.) (MADHYA
       PRADESH)

6.     RAMSAGAR S/O RAMLOTAN SAHU , AGED ABOUT
       40 YEARS, OCCUPATION: AGRICULTURISTS R/O.
       GRAM SURWARI TOLA TEH. MADA DISTT.
       SINGRAULI (M.P.) (MADHYA PRADESH)

7.     MST. KAILASUA W/O RAMMILAN SAHU , AGED
       ABOUT 45 YEARS, OCCUPATION: AGRICULTIRISTS
       R/O. GRAM SURWARI TOLA TEH. MADA DISTT.
       SINGRAULI (M.P.) (MADHYA PRADESH)

                                                      .....PETITIONERS
       (BY MR. UMESH TRIVEDI - ADVOCATE)

       AND

1.     YAGYANARAYAN S/O KANCHAN SAHU , AGED
       ABOUT 37 YEARS, OCCUPATION: AGRICULTURIST
       VILL. SURWARI TOLA TEH MADA (MADHYA
       PRADESH)

2.     AKMAN S/O RANGDHARI SAHU , AGED ABOUT 41
       YEARS, OCCUPATION: AGRICULTURIST R/O. VILL.
       BAHERI KHURD P.S. MADA DISTT. SINGRAULI
       (M.P.) (MADHYA PRADESH)

3.     KRISHNA PRASAD S/O SARVJEET SONI , AGED
       ABOUT 34 YEARS, OCCUPATION: AGRICULTURIST
       R/O. VILL. BAHERI KHURD P.S. MADA DISTT.
                                2
        SINGRAULI (M.P.) (MADHYA PRADESH)

4.      RAMESHWAR PRASAD S/O GAUTAM SONI , AGED
        ABOUT 29 YEARS, OCCUPATION: AGRICULTURIST
        R/O. VILL. BAHERI KHURD P.S. MADA DISTT.
        SINGRAULI (M.P.) (MADHYA PRADESH)

5.      RADHESHYAM S/O GAUTAM SONI , AGED ABOUT
        27 YEARS, OCCUPATION: AGRICULTURIST R/O.
        VILL. BAHERI KHURD P.S. MADA DISTT.
        SINGRAULI (M.P.) (MADHYA PRADESH)

6.      AKMAN RAM S/O RAMDULARE VAISHWAR ,
        AGED    ABOUT     75    YEARS, OCCUPATION:
        AGRICULTURIST R/O. VILL. BAHERI KHURD P.S.
        MADA DISTT. SINGRAULI (M.P.) (MADHYA
        PRADESH)

7.      PRAYAGLAL S/O LATE JEETAN SAHU , AGED
        ABOUT        50          YEARS, OCCUPATION:
        AGRICULTURISTS R/O. VILL. SURWARI TOLA TEH.
        MADA DISTT. SINGRAULI (M.P.) (MADHYA
        PRADESH)

8.      RAMVISHALE S/O LATE JEETAN SAHU , AGED
        ABOUT 41 YEARS, OCCUPATION: AGRICULTURIST
        R/O. VILL. SURWARI TOLA TEH. MADA DISTT.
        SINGRAULI (M.P.) (MADHYA PRADESH)

9.      JAGANNATH S/O LATE JEETAN SAHU , AGED
        ABOUT 46 YEARS, OCCUPATION: AGRICULTURIST
        R/O. VILL. SURWARI TOLA TEH. MADA DISTT.
        SINGRAULI (M.P.) (MADHYA PRADESH)

10.     SMT. AJORIYA D/O LATE JEETAN SAHU, W/O. SHRI
        RADHESHARAN SAHU , AGED ABOUT 53 YEARS,
        OCCUPATION: AGRICULTURISTS R/O. VILL.
        SURWARI TOLA TEH. MADA DISTT. SINGRAULI
        (M.P.) (MADHYA PRADESH)

11.     THE STATE OF MADHYA PRADESH THR.
        C O L L E C T O R DISTT-SINGRAULI (MADHYA
        PRADESH)

                                                              .....RESPONDENTS
        (BY MR. ARVIND KUMAR PATHAK - ADVOCATE)

      This petition coming on for admission this day, the court passed the
following:
                                    ORDER

Heard.

Petitioner has filed this Miscellaneous Petition under Artilce 227 of Constitution of India being aggrieved by the order dated 06.11.2017 passed by Ist Additional District Judge, Singrauli, Headquarter Baidhan (M.P.) in RCA No.22A/2013 by which the application under Order 26 Rule 9 of the CPC for

appointment of Commissioner for the demarcation of lands in dispute was dismissed.

I have heard learned counsel for the petitioners. After perusal of impugned judgment dated 16.03.2013, it is found that it was not proved that the petitioners were in possession of suit property of Khasra Nos. 25, 29, 33, 50, 53f, 57 and 79 situated at Village - Surwari Tola, District Singrauli. As per Exhibit P-12 to P-16, Khasra from the year of 1982-83 to 1998-99, the suit property belongs to Akman Waiswar and the petitioners were not in possession of the suit property.

Petitioners are claiming the title over the suit property on the basis of

unregistered sale deed Exhibit P-1. Valuation of property was Rs.3330/-. The revenue entries are available for consideration of possession of the suit property. Hence, appointment of Commissioner under Order 26 Rule 9 of CPC is not required.

In the opinion of this Court, there is no illegality or perversity in the impugned order. In the result, no interference is called for by this Court in the impugned order.

Hence, petition stands dismissed.

(SMT. ANJULI PALO) JUDGE shahina

Signature Not Verified SAN

Digitally signed by SHAHINA KHAN Date: 2022.03.10 16:48:02 IST