Citation : 2023 Latest Caselaw 9404 MP
Judgement Date : 22 June, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
ON THE 22 nd OF JUNE, 2023
SECOND APPEAL No. 834 of 2020
BETWEEN:-
RANVEER SINGH S/O LATE DURJAN SINGH, AGED
ABOUT 74 YEARS, OCCUPATION: AGRICULTURE
VILLAGE PAHRA TAHSIL RAJNAGAR DIST
CHATTARPUR (MADHYA PRADESH)
.....APPELLANT
(BY SHRI A.S BAGHEL ADVOCATE WITH SHRI VARUN DUBEY
ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THR
C O L L E C T O R CHATTARPUR COLLECTOR
CHATTARPUR (MADHYA PRADESH)
2. CHIEF SECRETARY FOREST DEPARTMENT
VALLABH BHAWAN BHOPAL (MADHYA PRADESH)
3. DIVISIONAL FOREST OFFICER CHHATARPUR,
DIST. CHHATARPUR M.P. CHHATARPUR..
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI GAJENDRA PARASHAR PANEL LAWYER FOR
RESPONDENTS/STATE)
This appeal coming on for admission this day, th e court passed the
following:
ORDER
This second appeal has been preferred by the appellant/plaintiff
challenging the judgement and decree dated 10.12.2019 passed by 5th Additional District Judge, Chhatarpur in RCA 18/2017 affirming the judgment
Signature Not Verified Signed by: SATTYENDAR NAGDEVE Signing time: 6/23/2023 10:52:13 AM
and decree dated 07.12.2016 passed by Civil Judge Class-II, Rajnagar, District Chhatarpur in Civil Suit No.36-A/2014 whereby the plaintiff's suit filed simplicitor for permanent injunction in respect of land survey No.524, 141 and 146 situated in Village Pahra has been dismissed holding the plaintiff to the out of possession.
After arguments at length, learned counsel for the appellant/plaintiff in the light of decision of Supreme Court in the case of Anathula Sudhakar Vs. P.Buchi Reddy and others (2008) 4 SCC 594 (para 13 & 14) prays for withdrawal of this second appeal with liberty to file fresh suit for declaration of title with consequential relief.
Prayer being reasonable is accepted and this second appeal is dismissed as withdrawn with the aforesaid liberty.
Interim application(s), if any, shall stand dismissed.
(DWARKA DHISH BANSAL) JUDGE SN
Signature Not Verified Signed by: SATTYENDAR NAGDEVE Signing time: 6/23/2023 10:52:13 AM
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