Citation : 2022 Latest Caselaw 13572 MP
Judgement Date : 14 October, 2022
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
FA No. 1488 of 2022
(ACHAL SINGH JADAUN AND OTHERS Vs MUNICIPAL CORPORATION GWALIOR AND OTHERS)
Dated : 14-10-2022
Shri Prakash Chandra Chandil, learned counsel for the appellants.
Heard on admission.
Being arguable, appeal is admitted for final hearing.
Let notices be issued to the respondents on payment of process fee
within seven working days by RAD as well as ordinary mode, returnable within four weeks.
Also heard on I.A.No.4674/2022, under Order 39 Rule 1 and 2 read with Section 151 of CPC for stay.
Appellants along with other two persons filed a civil suit against respondents No.1 to 4/defendants for declaration, declaring lay out of Shri Bihar Colony as null and void and permanent injunction on the basis that they have purchased plot from the power of attorney holder Abhilakh Singh of Mangal Singh and Rajveer Singh out of the land situated at village Bahodapur Gwalior in survey No. 1072 of different areas. Their suit was dismissed. Plaintiff -present appellants Achal Singh, Smt. Mithlesh Devi and Smt. Urmila
Devi preferred this First Appeal aggrieved by the aforesaid judgment and decree on the ground that they are bonafide purchasers of the plot measuring 25/35=875 sq. ft. by registered sale deed dated 20.1.1999 & 11.10.1999 from power of attorney holder Abhilakh Singh and got their names mutated in the official record. Despite proving aforesaid facts the learned trial Court dismissed Signature Nottheir suit.
Verified Signed by: MADHU SOODAN PRASAD Signing time: 17-10-2022 In the facts and circumstances of the case, respondents are directed not 10:17:39 AM
to interfere in the peaceful possession of the appellants till next date of hearing.
Certified copy as per rules.
(DEEPAK KUMAR AGARWAL) JUDGE
ms/-
Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 17-10-2022 10:17:39 AM
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