Ajay Singh vs Puttu Singh
2022 Latest Caselaw 14015 MP

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             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                             MP No. 4928 of 2022
                  (AJAY SINGH AND OTHERS Vs PUTTU SINGH AND OTHERS)

Dated : 31-10-2022
      Shri Siddharth Sharma, learned counsel for the petitioners.

      Heard on admission as well as on IR.
      Petitioners have preferred this appeal under Article 227 of the
Constitution of India being aggrieved by the order passed by the Additional
Commissioner, Chambal Division, Morena, affirming the order passed by the
Sub-Divisional Officer Ambah, Distt. Morena, who set aside the order of

partition passed by Tahsildar, Porsa, on 25.10.2007.
      Respondents preferred a civil suit before the trial Court for declaration of

their title which was decreed. Aggrieved by the aforesaid judgment and decree, petitioners preferred first appeal which was allowed and judgment and decree passed by the trial Court was set aside.

Aggrieved by the aforesaid judgment, respondents preferred second appeal before this Court which is pending. Despite this, SDO by its impugned order, Annexure P/2 mentioning that second appeal has been disposed of on 9.10.2017, set aside the order of partition passed by the Tahsildar.

Issue notice to the respondents on payment of process fee within seven working days, failing which this petition shall stand dismissed automatically without further reference to the Court. Notice be made returnable in four weeks.

As an interim measure, effect and operation of Annexures P/1 & P/2 shall remain stayed till next date of hearing.

Certified copy as per rules.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE mani

SUBASRI MANI 2022.11.01 11:55:22 -07'00'