Vinod Yaduvanshi vs Smt.Dulariya @ Dukariya
2022 Latest Caselaw 4305 MP

                                                                               1
                                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                                  AT JABALPUR
                                                                      MP No. 955 of 2022
                                                 (VINOD YADUVANSHI AND OTHERS Vs SMT.DULARIYA @ DUKARIYA AND OTHERS)

                                     Dated : 28-03-2022
                                            Shri Rahul Tripathi, learned counsel for the petitioners.

                                            Issue notices to the respondents on payment of process fee within seven

working days by RAD mode, failing which, this petition shall stand dismissed without further reference to the Court.

Heard on I.A.No.2570/2022, which is an application for grant of stay. It is argued that in pursuance to a civil suit filed with respect to Khasra

Nos.167 rakwa 0.081 hec., Khasra No. 169 rakwa 0.420 hec., Khasra No.168/1 rakwa 0.480 hec. and Khasra No.297/1 rakwa 0.150 hec. having total 1.131 hectares, the petitioners were declared to be the owners of the property. An appeal being filed by the respondents herein, the same was partly allowed by the impugned judgment and decree dated 30.07.2015 passed in civil Appeal No.07A/2007 and it was observed that the sale-deed dated 19.03.1996 with respect to khasra Nos.167 and 169 is not binding upon the respondent No.1 Smt. Dulariya. On the basis of judgment and decree passed by appellate Court which has attained finality, a mutation was applied and the learned Tehsildar had mutated the name of

respondent No.1 on the four Khasra numbers.

It is submitted that there is a dispute with respect to other two survey numbers, which is still in existence and not being decided by any of the Court, therefore, no entries can be made with respect to remaining two survey numbers. The appellate Court i.e. SDO Court has also not taken into consideration the aforesaid aspect and has affirmed the order passed by the Tehsildar dated 31.07.2017. It is argued that petitioner is still in possession of property in question, therefore, status quo with respect to possession be maintained till disposal of the petition.

Considering the over all facts and circumstances the case, it is directed that the parties shall maintain status quo with respect to possession of the property in Signature Not Verified SAN question till the next date of hearing.

List the case in the week commencing 02.05.2022. Digitally signed by SARSWATI MEHRA Date: 2022.03.29 17:29:09 IST

C.C. as per rules.

(VISHAL MISHRA) JUDGE

sm

Signature Not Verified SAN

Digitally signed by SARSWATI MEHRA Date: 2022.03.29 17:29:09 IST