Rajni Kalsi vs The State Of Madhya Pradesh
2023 Latest Caselaw 5978 MP

                                                           1
                           IN    THE       HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                   BEFORE
                                  HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                                ON THE 12 th OF APRIL, 2023
                                              SECOND APPEAL No. 276 of 2017

                          BETWEEN:-
                          1.    RAJNI KALSI W/O LATE HARBHAJAN SINGH
                                KALSI, AGED ABOUT 59 YEARS, R/O A -287 NEW
                                ASHOKA GARDEN, RAISEN ROAD, BHOPAL (M. P.)

                          2.    BALVEER SINGH S/O HARBHAJAN SINGH

                          3.    SAI PRASAD S/O HAERBHAJAN SINGH

                          4.    MAYA KALSI D/O HARBHAJAN SINGH KALSI

                          5.    JASPREET KALSI D/O HARBHAJAN SINGH KALSI
                                ALL R/O OF A-287, NEW ASHOKA GARDEN,
                                RAISEN ROAD, BHOPAL (M.P.)

                                APPELLANTS NO.1 TO 5 ARE LEGAL HEIR OF THE
                                ORIGINAL PLAINTIFF HARBHAJAN SINGH KALSI,
                                WHO DIED ON 23.12.2016.

                                                                                    .....APPELLANTS
                          (BY SHRI MANISH TIWARI - ADVOCATE)

                          AND
                          1.    STATE OF M. P. THROUGH COLLECTOR,
                                DISTRICT BHOPAL (MADHYA PRADESH)

                          2.    PUBLIC AT LARGE

                                                                                   .....RESPONDENTS
                          (BY MS. SEEMA PANDEY - PANEL LAWYER )

                                This appeal coming on for admission this day, th e court passed the
                          following:
                                                            ORDER

This second appeal has been preferred by appellants/plaintiffs Signature Not Verified Signed by: PRASHANT BAGJILEWALE Signing time: 4/13/2023 2:06:28 PM

challenging the judgment and decree dated 26.11.2016 passed by 3rd Additional District Judge, Bhopal in civil appeal No.83/2013, affirming the judgment and decree dated 22.02.2013 passed by 1st Civil Judge Class-II, Bhopal in civil suit No.396-A/11, whereby plaintiffs' suit filed for declaration of title and permanent injunction in respect of plot no.A-287, New Ashoka Garden, Raisen Road, Bhopal, has been dismissed.

2. The suit filed by the plaintiffs has been dismissed by learned Courts below despite the fact that the defendants 1 and 2 in spite of availability of due opportunity, did not file written statement, which is mentioned in para 3 and 4 of judgment of trial Court dated 22.02.2013. Upon consideration of the

evidence available on record, learned Courts below have also held that the plaintiffs have failed to prove that the defendant 1 has made any interference in possession of the plaintiffs. With these findings, the suit has been dismissed by learned Courts below.

3. In view of the aforesaid, learned counsel for the appellants/plaintiffs prays for withdrawal of the second appeal with liberty to file fresh suit for the requisite reliefs, as and when occasion arises.

4. Prayer being reasonable is accepted and this second appeal is dismissed as withdrawn with the aforesaid liberty.

5. Interim application(s), if any, shall stand disposed off.

(DWARKA DHISH BANSAL) JUDGE pb

Signature Not Verified Signed by: PRASHANT BAGJILEWALE Signing time: 4/13/2023 2:06:28 PM