Madhya Pradesh High Court
Babulal vs Dadan on 10 April, 2023
Author: Dwarka Dhish Bansal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
ON THE 10 th OF APRIL, 2023
SECOND APPEAL No. 1244 of 2019
BETWEEN:-
BABULAL S/O MATHURA YADAV, AGED ABOUT 46
YE A R S , OCCUPATION: LABOUR VILL. NIPANIYA
LAKHORIBAGH P.S. CITY KOTWALI TEH. HUZUR DISTT.
REWA (M. P.)
.....APPELLANT
(BY SHRI K. D. SINGH - ADVOCATE)
AND
1. DADAN S/O BHAGWANDEEN PATEL, AGED ABOUT
78 YEARS, OCCUPATION: AGRICULTURIST
NIPANIYA LAKHORIBAGH TEH. HUZUR DISTT.
REWA (M. P.)
2. DR. K.K.DAS S/O FAKIR CHAND DAS, AGED
ABOUT 73 YEARS, OCCUPATION: SERVICE R/O
DEENDAYAL DHAM COLONY, PADRA TAHSIL
HUZUR (M. P.)
3. NARESH CHANDRA S/O MITHAILAL
CHOURASIYA, AGED ABOUT 68 YEARS,
OCCUPATION: SERVICE R/O DHOBIYA TANKI,
TAHSIL HUZUR (M. P.)
4. MAHESHLAL CHOURASIYA S/O MATHAILAL
CHOURASIYA, AGED ABOUT 58 YEARS,
OCCUPATION: BUSINESS R/O DHOBIYA TANKI,
TAHSIL HUZUR (M. P.)
5. RAKESH CHOURASIYA S/O MATHAILAL
CHOURASIYA, AGED ABOUT 53 YEARS,
OCCUPATION: BUSINESS R/O DHOBIYA TANKI,
TAHSIL HUZUR (M. P.)
6. MOHAMMAD NASEER S/O YAKUB KHAN, AGED
ABOUT 48 YEARS, OCCUPATION: SERVICE R/O
NIPANIYA LAKHORIBAGH, TAHSIL HUZUR (M. P.)
Signature Not Verified
Signed by: PRASHANT
BAGJILEWALE
Signing time: 4/11/2023
12:44:25 PM
2
7. MOHAMMAD JAVED KHAN S/O YAKUB KHAN,
AGED ABOUT 43 YEARS, OCCUPATION: BUSINESS
R/O NIPANIYA LAKHORIBAGH, TAHSIL HUZUR
(M. P.)
8. DASHRATH S/O SUDARSHAN PATEL, AGED
ABOUT 78 YEARS, OCCUPATION: AGRICULTURIST
R/O DOHI, P.S.CITY KOTWALI, TAHSIL HUZUR (M.
P.)
9. SMT. JAIWANTI W/O LATE SHRI RAMADHAR
BRAHMAN, AGED ABOUT 66 YEARS,
OCCUPATION: BUSINESS R/O NIPANIYA, TAHSIL
HUZUR (MADHYA PRADESH)
10. MAHARAJA PUSHPARAJ SINGH S/O LATE
MAHARAJ MARTAND SINGH JUDEV, AGED
ABOUT 68 YEARS, R/O FORT UPREHTI (M. P.)
11. SURAJDEEN (DEAD) THR. LRS GOPINATH KEWAT
S/O LATE SURAJDEEN KEWAT R/O VILLAGE
NIPANIYA LAKHORIBAGH P.S.CITY KOTWALI
TAHSIL HUZUR (M. P.)
12. KANHAIYALAL (DEAD) THR. LRS GANESH S/O
K A N H A I YA L A L R/O VILLAGE NIPANIYA
LAKHORIBAGH P.S.CITY KOTWALI TAHSIL
HUZUR
(M. P.)
13. SULEMAN (DEAD) THR. LRS JAMEEL SHAH S/O
LATE SULEMAN R/O VILLAGE NIPANIYA
LAKHORIBAGH P.S.CITY KOTWALI TAHSIL
HUZUR (M. P.)
14. RAMSIYA (DEAD) THR. LRS MEWALAL S/O LATE
R A M S I Y A R/O VILLAGE NIPANIYA
LAKHORIBAGH P.S.CITY KOTWALI TAHSIL
HUZUR ((M. P.)
.....RESPONDENTS
(NONE )
This appeal coming on for admission this day, th e court passed the
following:
ORDER
This second appeal has been preferred by the plaintiff 3 challenging the
Signature Not Verified
Signed by: PRASHANT
BAGJILEWALE
Signing time: 4/11/2023
12:44:25 PM
judgment and decree dated 08.01.2019 passed by 5th Additional District Judge,
Rewa, in civil appeal No.32-A/2012, affirming the judgment and decree dated
30.11.2010 passed by 4th Civil Judge Class-II, Rewa, in civil suit No.124-
A/2001, whereby civil suit filed by the plaintiffs simplicitor for permanent
injunction in respect of land Khasra No.27 area 58.33 acres situated in Village
Nipaniya, Tahsil Huzur, District Rewa, has been dismissed.
2. After arguments at length, learned counsel for the appellant/plaintiff 3
in the light of decision of Supreme Court in the case of Anathula Sudhakar
Vs.P. Buchi Reddy (Dead) By Lrs and others reported in (2008) 4 SCC 594
(Para 13 & 14) prays for withdrawal of this second appeal with liberty to file
suit for declaration of title and consequential relief or to avail other alternative
remedy before the appropriate forum.
3. Prayer being reasonable is accepted and this second appeal being
arising out of the suit simplicitor for permanent injunction, is permitted to be
withdrawn with the aforesaid liberty.
4. Interim application(s), if any, shall stand dismissed.
(DWARKA DHISH BANSAL)
JUDGE
pb
Signature Not Verified
Signed by: PRASHANT
BAGJILEWALE
Signing time: 4/11/2023
12:44:25 PM
