Malti Bai vs Lalit Kori
2023 Latest Caselaw 16 MP

                                                     1
                          IN    THE     HIGH COURT OF MADHYA PRADESH
                                             AT JABALPUR
                                                  BEFORE
                                 HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                          ON THE 2 nd OF JANUARY, 2023
                                         SECOND APPEAL No. 1503 of 2021

                         BETWEEN:-
                         1.    MALTI BAI W/O LATE SHRI CHOTELAL KORI,
                               AGED ABOUT 72 YEARS, CHAWADI WARD
                               GADARWARA DISTT. NARSINGHPUR (MADHYA
                               PRADESH)

                         2.    VINOD S/O LATE CHOTELAL KORI, AGED ABOUT
                               36 YEARS, CHAWADI WARD GADARWARA DISTT.
                               NARSINGHPUR (MADHYA PRADESH)

                         3.    LAKHAN S/O LATE CHOTELAL KORI, AGED
                               ABOUT 32 YEARS, CHAWADI WARD GADARWARA
                               DISTT. NARSINGHPUR (MADHYA PRADESH)

                         4.    ASHA BAI W/O LATE GANGA RAM KORI D/O LATE
                               CHOTELAL KORI, AGED ABOUT 46 YEARS,
                               NIRANJAN         WARD        GADARWARA
                               TEH.GADARWARA, DISTRICT NARSINGHPUR
                               (MADHYA PRADESH)

                         5.    USHA BAI W/O HARISHANKAR KORI D/O LATE
                               CHOTE LAL KORI, AGED ABOUT 39 YEARS, SHEED
                               BHAGAT     SINGH     WARD      GADARWARA
                               TEH.GADARWARA, DISTRICT NARSINGHPUR
                               (MADHYA PRADESH)

                         6.    NISHA BAI W/O SHAILESH CHIPA D/O LATE
                               CHOTELAL KORI, AGED ABOUT 34 YEARS, MATA
                               WARD GADARWARA TEHSIL GADARWARA,
                               DISTRICT NARSINGHPUR (MADHYA PRADESH)

                                                                            .....APPELLANTS
                         (BY SHRI MOHANLAL SHARMA-ADVOCATE )

                         AND
                         1.    LALIT KORI S/O LATE SHRI LAXMAN PRASAD
                               KORI, AGED ABOUT 44 YEARS, CHAWADI WARD
                               GADARWARA DISTT. NARSINGHPUR (MADHYA
Signature Not Verified
Signed by: SWETA SAHU
Signing time: 1/3/2023
5:46:30 PM
                                                            2
                               PRADESH)

                         2.    RAJESH KORI S/O LATE LAXMAN PRASAD KORI,
                               AGED ABOUT 44 YEARS, CHAWADI WARD
                               GADARWARA DISTT. NARSINGHPUR (MADHYA
                               PRADESH)

                         3.    RAMA BAI W/O LATE LAXMAN PRASAD KORI,
                               AGED ABOUT 74 YEARS, CHAWADI WARD
                               GADARWARA DISTT. NARSINGHPUR (MADHYA
                               PRADESH)

                         4.    PUNA BAI W/O LATE TULSIRAM KORI, AGED
                               ABOUT 72 YEARS, SUBHASH WARD GADARWARA
                               (MADHYA PRADESH)

                         5.    KAILASH S/O LATE TULSIRAM KORI, AGED
                               ABOUT 36 YEARS, SUBHASH WARD GADARWARA
                               (MADHYA PRADESH)

                         6.    SANJAY S/O LATE TULSIRAM KORI, AGED ABOUT
                               36   YEARS, SUBHASH WARD GADARWARA
                               (MADHYA PRADESH)

                         7.    CHANDABAI D/O LATE TULSIRAM KORI, AGED
                               ABOUT 44 YEARS, SUBHASH WARD GADARWARA
                               (MADHYA PRADESH)

                         8.    STATE OF MADHYA PRADESH THROUGH
                               COLLECTOR DISTT. NARSINGHPUR (MADHYA
                               PRADESH)

                                                                                     .....RESPONDENTS
                         (MS. CHANDRAKANTA PAL-PANEL LAWYER FOR RESPONDENT 8/STATE)

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

This second appeal has been preferred by the defendants 1-6 challenging the judgment and decree dated 25.09.2021 passed by First District Judge, Gadarwara, District Narsinghpur in regular civil appeal No.28/2019 confirming the judgment and decree dated 07.02.2019 passed by 2nd Additional Judge, Gadarwara to the court of 1st Civil Judge Class-I Gadarwara in civil suit no.68- Signature Not Verified Signed by: SWETA SAHU Signing time: 1/3/2023 5:46:30 PM

A/2017 whereby suit filed by respondents 1-3/plaintiffs has been decreed in respect of their 1/3rd share in the land khasra no.38 area 8.60 acre situated in mauza Koshkarpa, as well as for partition.

2. Learned counsel for the appellants/defendants 1-6 submits that the name of appellants/defendants 1-6 is recorded in the revenue record for a period of 40 years and partition has already taken place, but it was not effected in the revenue record. Accordingly, he submits that learned courts below have erred in decreeing the suit.

3. Heard learned counsel for the appellants and perused the record.

4. Undisputedly, the land belonged to ancestors of the parties, namely Chidamilal who was survived by three sons namely Laxman, Tulsiram and Chottelal. The plaintiffs are successors of Laxman and defendants 1-6 are successors of Chhotelal, whereas the defendants 7-10 are successors of Tulsiram. In view of the fact that the property belonged to Chidamilal, therefore, the plaintiffs and defendants were having 1/3rd share through Laxman, Tulsiram and Chhotelal.

5. In view of the aforesaid factual position, in my considered opinion, learned courts below have not committed any illegality in passing the decree in respect of 1/3rd share of the plaintiffs, as well as for partition as per section 54 of CPC through revenue court.

6. Accordingly, there being no substantial question of law involved in the second appeal, the same deserves to be and is hereby dismissed in limine. However no order as to costs.

7. Interim application(s), if any, shall stand disposed off.

Signature Not Verified Signed by: SWETA SAHU Signing time: 1/3/2023 5:46:30 PM

(DWARKA DHISH BANSAL) JUDGE ss

Signature Not Verified Signed by: SWETA SAHU Signing time: 1/3/2023 5:46:30 PM