Smt. Batul vs Smt. Janki Bai
2023 Latest Caselaw 20912 MP

Madhya Pradesh High Court

Smt. Batul vs Smt. Janki Bai on 11 December, 2023

                                                           1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                        BEFORE
                                        HON'BLE SHRI JUSTICE RAJENDRA KUMAR-IV
                                             ON THE 11 th OF DECEMBER, 2023
                                              MISC. PETITION No. 91 of 2020

                           BETWEEN:-
                           SMT. BATUL W/O SHRI ISLAM, AGED ABOUT 70 YEARS,
                           OCCUPATION: KARSHI, R/O BALAPURA SHEOPUR
                           (MADHYA PRADESH)

                                                                                      .....PETITIONER
                           (SHRI RAVINDRA SARVATE - ADVOCATE)

                           AND
                           1.    SMT. JANKI BAI W/O SHRI KISHAN, AGED ABOUT
                                 68 YEARS,

                           2.    MOHAN S/O KISHAN, AGED ABOUT 40 YEARS,

                           3.    RAMDHAN S/O KISHAN, AGED ABOUT 35 YEARS,

                           4.    RAJKUMAR S/O KISHAN, AGED ABOUT 30 YEARS,
                                 ALL R/O VILLAGE KALARANA TEHSIL AND
                                 DISTRICT SHEOPUR (MADHYA PRADESH)

                           5.    COLLECTOR, DISTRICT SHOEPUR, THROUGH THE
                                 STATE OF MADHYA PRADESH (MADHYA
                                 PRADESH)

                                                                                   .....RESPONDENTS
                           (SHRI SHIRAZ QURESHI - GOVERNMENT ADVOCATE)

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

Challenge is made to the order dated 17.10.2019 passed by Additional District Judge, Sheopur in Appeal case No.MCA/24/2019, thereby dismissing the appeal filed against order dated 19.8.2019 passed by First Civil Judge,

Varg-II, Sheopur, District Sheopur in case No.RCSA 163/2017. By the impugned order, Both the Courts below have dismissed the application under Order 39 Rule 1 and 2 CPC filed by the petitioner.

Perused the impugned orders.

Lower Court, i.e. First Civil Judge, Varg-II, Sheopur has recorded its findings in paragraph 12 of the judgment that petitioner failed to prove his possession over the land in dispute. No document has been produced by him which shows the possession and ownership of disputed land in his favour. Lower Court, prima facie did not find any good ground to pass ad-interim injunction in favour of the plaintiff/petitioner. Lower Appellate Court also did

not find any case in favour of appellant and dismissed the appeal.

Upon perusal of impugned orders, prima facie case is not made out in favour of the plaintiff/petitioner.

Courts below have rightly dismissed the application under Order 39 Rule1 & 2 filed by the petitioner. I am not inclined to entertain the petition. Accordingly, petition is hereby dismissed.

(RAJENDRA KUMAR-IV) JUDGE Rohit