Shiv Prasad vs The State Of Madhya Pradesh
2023 Latest Caselaw 6832 MP

                                                              1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       WA No. 506 of 2023
                                   (SHIV PRASAD AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 26-04-2023
                                Shri Shreyas Pandit - Advocate for appellants.

                                Shri B.D. Singh - Deputy Advocate General takes notice for respondents

no. 1 to 5.

Prima facie, it would appear that in pursuance to the judgment dated 20.12.1974 passed by the learned Civil Judge, Class-II, Harda, a decree has

been granted in favour of the appellants/plaintiffs with respect to the tank in question. However, the Deputy Advocate General submits that certain issues were not covered in the said suit and therefore, the State was entitled to pass orders under Section 251 of the M.P. Land Revenue Code. However, these are the matters for consideration.

Prima facie, in view of the decree in favour of the appellants, we are of the view that their possession requires to be protected.

Admit.

Respondents are restrained from interfering in the possession of the

appellants' tank situated at Village Bajaniya, District Harda on Khasra No.100. The appellants are further directed not to make any improvement or otherwise on the tank in question.

The respondents are at liberty to file an application seeking modification/vacation of this order.

I.A. No. 4619 of 2023 is disposed off.

(RAVI MALIMATH) (VISHAL MISHRA) Signature Not Verified Signed by: MANVENDRA SINGH PARIHAR Signing time: 4/27/2023 10:43:21 AM

CHIEF JUSTICE JUDGE MSP

Signature Not Verified Signed by: MANVENDRA SINGH PARIHAR Signing time: 4/27/2023 10:43:21 AM