Prabhas Chaturvedi vs Scindia Dev Sthan Trust Reg. Thr.
2023 Latest Caselaw 20727 MP

Madhya Pradesh High Court

Prabhas Chaturvedi vs Scindia Dev Sthan Trust Reg. Thr. on 7 December, 2023

Author: Avanindra Kumar Singh

Bench: Avanindra Kumar Singh

                                                                1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                          SA No. 808 of 2023
                                    (PRABHAS CHATURVEDI Vs SCINDIA DEV STHAN TRUST REG. THR. AND OTHERS)

                           Dated : 07-12-2023
                                  Shri R.K.Soni - Advocate for the appellant/plaintiff.

                                  Shri Vijay Kumar Sharma - Advocate for respondent No.13.

Record is received.

At the outset, learned counsel for respondent informs that he has no clash of interest with the appellant, in fact he supports the case of the appellant.

Heard on admission.

The appeal is admitted on following substantial question of law:-

" Whether once the appellant has proved the possession over the property in dispute since long time by filing the document Ex.P/1 to P/415, the long continuous and interrupt legal and settle possession and possession is in knowledge of true owner of the property and true owner of the property never dispossess to the appellant therefore, the appellant prove the legal possession to the knowledge of true owner. In such circumstances the judgment and decree passed by the Court below in refusal of permanent injunction is sustainable in the eyes of law ?"

Issue notice to the respondents on payment of process fee by RAD mode within a period of seven working days.

Notice be made returnable within eight weeks. List thereafter.

Meanwhile, both the parties are directed to maintain status quo regarding the suit property till next date of hearing.

(AVANINDRA KUMAR SINGH) JUDGE Adnan