Rameshwar Baiga vs Sadhuram
2023 Latest Caselaw 9220 MP

                                                            1
                             IN    THE      HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                     BEFORE
                                    HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                                 ON THE 20 th OF JUNE, 2023
                                              SECOND APPEAL No. 983 of 2015

                            BETWEEN:-
                            RAMESHWAR BAIGA S/O LATE CHIMNA BAIGA, AGED
                            ABOUT 55 YEARS, OCCUPATION: CULTIVATION GRAM
                            KARODIYA TEH. RAMPUR NAIKIN DISTT. SIDHI
                            (MADHYA PRADESH)

                                                                                      .....APPELLANT
                            (BY SHRI LAWKUSH PRASAD MISHRA, ADVOCATE)

                            AND
                            1.    SADHURAM S/O SURYADEEN RAM BR., AGED
                                  ABOUT 75 YEARS, OCCUPATION: CULTIVATION
                                  GRAM KARODIYA TEH. RAMPUR NAIKIN DISTT.
                                  SIDHI (MADHYA PRADESH)

                            2.    JAGDISH S/O SADHURAM DR., AGED ABOUT 35
                                  YE A R S , OCCUPATION: CULTIVATION GRAM
                                  KARODIYA, TEH. RAMPUR NAIKIN, DIST. SIDHI,
                                  M.P. (MADHYA PRADESH)

                            3.    STATE OF M.P. THR. COLLECTOR SIDHI
                                  COLLECTORATE, SIDHI COLLECTORATE, SIDHI
                                  (MADHYA PRADESH)

                                                                                   .....RESPONDENTS
                            (BY SHRI VARUN DUBEY, ADVOCATE FOR RESPONDENTS 1 & 2)
                            (BY SHRI NARENDRA SINGH LODHI, PANEL LAWYER FOR
                            RESPONDENT-STATE)

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

This second appeal has been preferred by the plaintiff/appellant challenging the judgment & decree dtd. 02.07.2015 passed by 2nd Additional Signature Not Verified Signed by: KUMARI PALLAVI SINHA Signing time: 6/21/2023 3:25:42 PM

District Judge, Sidhi in Civil Appeal No. 193-A/2014 affirming the judgment & decree dtd. 31.10.2014 passed by Civil Judge Class-II, Rampur Naikin, District Sidhi in Civil Suit No. 86-A/2013 whereby plaintiff's suit filed simplicitor for permanent injunction has been dismissed.

2. After arguments at length, learned counsel for the appellant in the light of decision of Supreme Court in the case of Anathula Sudhakar Vs. P.Buchi Reddy (2008) 4 SCC 594 (para 13 & 14) prays for withdrawal of this second appeal with liberty to file suit for declaration of title alongwith consequential relief.

3. Prayer being reasonable is accepted and this second appeal is dismissed

as withdrawn with aforesaid liberty.

4. Interim application(s), if any, shall stand dismissed.

(DWARKA DHISH BANSAL) JUDGE Pallavi

Signature Not Verified Signed by: KUMARI PALLAVI SINHA Signing time: 6/21/2023 3:25:42 PM