Chhotelal vs Jamnalal
2023 Latest Caselaw 5838 MP

                                                1
            IN      THE        HIGH COURT OF MADHYA PRADESH
                                     AT GWALIOR
                                        BEFORE
                           HON'BLE SMT. JUSTICE SUNITA YADAV
                                       ON THE 11 th OF APRIL, 2023
                                 MISC. PETITION No. 3950 of 2022

           BETWEEN:-
           CHHOTELAL S/O JAMNALALA, AGED ABOUT 60 YEARS,
           POORVA WARD-6 PRESENT WARD-14 MONGIYA GALI
           SADAR BAJAR KUMBHRAJ TEHSIL KUMBHRAJ
           (MADHYA PRADESH)

                                                                     .....PETITIONER
           (SHRI VIDYA SAGAR CHATURVEDI, LEARNED COUNSEL FOR THE
           PETITIONER) .

           AND
           1.     JAMNALAL S/O GOPAL PRAJAPATI, AGED ABOUT
                  93 YEARS, POORVA WARD - 14 MONIGIYA GALI
                  SADAR BAJAR KUMBHRAJ TEHSIL KUMBHRAJ
                  (MADHYA PRADESH)

           2.     KAMPOOBAI W/O LATE RAMDAYAL PRAJAPATI,
                  AGED ABOUT 65 YEARS, POORVA WARD NO. 6
                  PRESENT WARD 14 MONGIYA GALI SADAR
                  BAJAR    KUMABHRAJ    TEHSIL   KUMBHRAJ
                  DISTRICT GUNA (MADHYA PRADESH)

           3.     GHANSHYAM S/O RAMDAYAL, AGED ABOUT 45
                  YEAR S, POORVA WARD 6 PRESENT WARD 14
                  MONGIYA GALI SADAR BAJAR KUMABHRAJ
                  TEHSIL KUMBHRAJ DISTRICT GUNA (MADHYA
                  PRADESH)

           4.     RAMKALI D/O RAMDAYAL W/O RAJU PRAJAPATI
                  POORVA WARD 6 PRESENT WARD 14 MONGIYA
                  GALI SADAR BAJAR KUMABHRAJ TEHSIL
                  KUMBHRAJ     DISTRICT  GUNA    (MADHYA
                  PRADESH)

Signature Not5.VerifiedBHARAT S/O RAMDAYAL, AGED ABOUT 40 YEARS,
Signed by: SANJAY        POORVA WARD   6 PRESENT WARD 14 MONGIYA
NAMDEORAO DURGEKAR
Signing time: 13-04-2023 GALI SADAR     BAJAR KUMABHRAJ TEHSIL
09:50:15 AM
                  KUMBHRAJ             DISTRICT   GUNA    (MADHYA
                                                     2
                      PRADESH)

              6.      GIRJA BAI D/O RAMDAYAL W/O RAJU PRAJAPATI,
                      AGED ABOUT 28 YEARS, VILLAGE BANVEER
                      KHEDI TEHSIL RAGHOGARH DISTRICT GUNA
                      (MADHYA PRADESH)

              7.      DHARMENDRA S/O RAMDAYAL, AGED ABOUT 25
                      YEAR S, POORVA WARD 6 PRESENT WARD 14
                      MONGIYA GALI SADAR BAJAR KUMABHRAJ
                      TEHSIL KUMBHRAJ DISTRICT GUNA (MADHYA
                      PRADESH)

              8.      SMT. GEETA BAI D/O JAMANLAL W/O LATE SHRI
                      BABULAL PRAJAPATI, AGED ABOUT 58 YEARS,
                      VILLAGE     RAMDILAL    PURAYA     TEHSIL
                      CHACHODA     DISTRICT    GUNA    (MADHYA
                      PRADESH)

                                                                                .....RESPONDENTS
              (NONE PRESENT FOR THE RESPONDENTS )

                      T h is petition coming on for admission hearing this day, t h e court
             passed the following:
                                                     ORDER

Heard.

The present petition has been filed by the petitioner under Article 227 of Constitution of India assailing the order dated 29/06/2022 passed by Additional District Judge, Chachoda, District Guna in M.C.A. No. 03/2022, by which, appeal filed by the defendants/respondents No. 1 to 7 was allowed and the order passed by the learned 2nd Civil Judge, Class-II, Chachoda, District Guna has been set aside allowing temporary injunction in favour of the petitioner/plaintiff.

The brief facts leading to filing of this petition are that petitioner/plaintiff filed a civil suit for permanent injunction with regard to house admeasuring area Signature Not Verified 1570 square feet situated at old Ward No.06, New Ward No. 14 at main road, Signed by: SANJAY NAMDEORAO DURGEKAR Signing time: 13-04-2023 09:50:15 AM Sadar Bazar, Kumbhraj, District Guna (M.P.). It was pleaded in the plaint that

the plaintiff and defendants are legal heirs of late Shri Gopal ji. The suit property was owned and possessed by Shri Gopal Ji. Hence, plaintiff has right by birth over the suit property and plaintiff is residing in the suit property since birth. Plaintiff has also filed an application for temporary injunction. Learned Trial Court after hearing the parties granted injunction in favour of the plaintiff. Against the order passed by learned Trial Court, C.M.A. No. 03/2022 was filed by the respondent/defendants No. 1 to 7 and the learned First Appellate Court allowed the appeal filed by respondents No.1 to 7 vide order impugned. Hence, this petition is being filed by the petitioner.

Heard and perused the material available on record. On perusal of the record reveals that the petitioner/plaintiff has failed to file any document to prima facie prove that the disputed property is the property of Hindu Undivided Family Property. The disputed property is recorded in the name of Jamnalal in the record related to Municipal Corporation. In the judgment dated 05/09/2006 filed in Civil Suit No. 17- A/2006, in which, the disputed property was the subject matter, the property was not found to be Joint Hindu Family Property.

In these circumstances, when prima facie there is nothing on record to show that the property is Hindu Undivided Family Property, learned First Appellate Court has rightly allowed the appeal filed by the

respondents/defendants.

In view of above and in the considered opinion of this Court, learned First Appellate Court has applied correct principles of law as well as duly considered the relevant facts while allowing the appeal filed by the Signature Not Verified respondents/defendants. As such, neither there is any illegality, nor any Signed by: SANJAY NAMDEORAO DURGEKAR Signing time: 13-04-2023 09:50:15 AM jurisdictional error warranting interference of this Court under Article 227 of

Constitution of India.

Consequently, the instant petition being devoid of merit and substance is hereby dismissed in limini.

There shall be no order as to costs.

Certified copy as per rules.

(SUNITA YADAV) JUDGE Durgekar

Signature Not Verified Signed by: SANJAY NAMDEORAO DURGEKAR Signing time: 13-04-2023 09:50:15 AM