Preetam vs Harisingh
2023 Latest Caselaw 20425 MP

Madhya Pradesh High Court

Preetam vs Harisingh on 4 December, 2023

Author: Avanindra Kumar Singh

Bench: Avanindra Kumar Singh

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                         SA No. 953 of 2021
                                               (PREETAM AND OTHERS Vs HARISINGH AND OTHERS)

                           Dated : 04-12-2023
                                 Shri Rishikesh Bohare- Advocate for the appellants.

                                 Shri     Sushant    Tiwari-    Government      Advocate      for   respondent

No.18/State.

Record is received.

Heard on the question of admission.

This second appeal under Section 100 of the Code of Civil Procedure, 1908 has been filed against the judgment and decree dated 08/03/2021 passed by Additional District Judge, Chanchoda, District- Guna (M.P.) in Civil Appeal No.18A/2016 arising out of the judgment and decree dated 30/11/2016 passed by Civil Judge, Class-I, Chachonda, District - Guna (M.P.) in Civil Suit No.17A/2015.

The appeal involves and is admitted on the following substantial question of law;

"1.Whether, the learned First Appellate Court below has erred in holding the settled possession of the respondents/defendants No.1 to 3 over the part of suit land survey No.77/1 while they encroached part of said land soon before filing of instant suit ?"

Issue notice to respondents No.1 to 3 on payment of process fee by RAD mode within seven working days, returnable within eight weeks as requested by the learned counsel for the appellants because respondents No.4 to 13 are co-defendants and they remained ex-parte before the Courts below.

List the case after eight weeks.

(AVANINDRA KUMAR SINGH) JUDGE rahul