Brijesh vs Kamal Singh
2023 Latest Caselaw 14158 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                             MP No. 5017 of 2023
                        (BRIJESH Vs KAMAL SINGH AND OTHERS)

Dated : 28-08-2023
      Shri S.K. Shrivastava- Advocate for the petitioner.

      Shri Neelesh Tomar - Govt. Advocate for respondent/State.

Heard on admission.

The present petition is under Article 227 of the Constitution whereby application under Section 250 of M.P. Land Revenue Code, 1959 preferred by petitioner as land owner against respondents/encroachers stands rejected.

It is the submission of learned counsel for petitioner that application has been dismissed on the point of limitation, but he preferred a civil suit in which his status as owner has been established but decree of possession has been denied on the ground that possession has been encroached by respondents. Therefore, according to him limitation would be reckoned from the date of judgment i.e. 28.07.2017 and from that point application under Section 250 of MPLRC was within limitation.

Issue notice to the respondents on payment of process fee within a period of seven working days by Registered A.D. mode, returnable within four

weeks.

List the case in week commencing 3.10.2023.

(ANAND PATHAK) JUDGE

Van

VANDANA VERMA 2023.08.28 18:07:02 -07'00'