Antarsingh vs Manohar
2023 Latest Caselaw 16639 MP

                                1
 IN    THE      HIGH COURT OF MADHYA PRADESH
                      AT INDORE
                           BEFORE
               HON'BLE SHRI JUSTICE VIVEK RUSIA
                   ON THE 9 th OF OCTOBER, 2023
                  MISC. PETITION No. 4398 of 2023

BETWEEN:-
1.    ANTARSINGH S/O JAGANNATHSINGH, AGED
      ABOUT 65 YEARS, OCCUPATION: KRASHI AVM
      SHASKIYA SEVANIRWART KARAMCHARI GRAM
      GHICHLAY TEHSIL SONKACHH DISTRICT DEWAS
      (MADHYA PRADESH)

2.    LAXMICHANDRA S/O JAGANNATHSINGH, AGED
      ABOUT 58 YEARS, OCCUPATION: AGRICULTURE
      AND GOVT. TEACHER GRAM GHICHLAY TEH.
      SONKATCHH JILA DEWAS (MADHYA PRADESH)

3.    FOOLSINGH   S/O    JAGANNATH     DECEASED
      THROUGH LRS ANIL S/O LATE PHULSINGH, AGED
      ABOUT    33   YEARS, OCCUPATION: ATITHI
      SHIKSHAK GHICHLAY TEH. SONKATCH JILA
      DEWAS (MADHYA PRADESH)

4.    SATISH S/O LAXMICHANDRA, AGED ABOUT 31
      YEARS, OCCUPATION: AGRICULTURE GHICHLAY
      TEH. SONKATCHH JILA DEWAS (MADHYA
      PRADESH)

                                                           .....PETITIONER
(BY SHRI RAVINDRA KUMAR VYAS, ADVOCATE)

AND
MANOHAR S/O BHERUSINGH, AGED ABOUT 56 YEARS,
OCCUPATION: AGRICULTURIST GRAM GHICHLAY
TEHSIL SONKACHH DISTRICT DEWAS (MADHYA
PRADESH)

                                                        .....RESPONDENTS
(NONE FOR THE RESPONDENT)

      This petition coming on for admission this day, th e court passed the
following:
                                         2
                                        ORDER

01. The petitioners are the judgment debtor of the judgments and decree dated 08.12.2004 passed in Civil Suit No.39-A/2004 and 30.06.2005 passed in First Appeal No.1-A/2005. The decree holder has also initiated an execution proceeding i.e. Case No.39/2007.

02. By way of this petition under Article 227 of the Constitution of India, the petitioners are challenging the validity of order dated 27.06.2022, whereby the Executing Court has directed for demarcation and and handing over the possession of the suit property.

03. Learned counsel for the petitioners submits that the learned Executing

Court has committed an error of law while directing for demarcation and handing over the possession simultaneously. The Court ought to have directed for demarcation, and thereafter, an opportunity to submit objections should be given to the petitioners, therefore, the impugned judgment and decree is liable to be set aside.

04. Earlier, the petitioners approached this Court by way of W.P. No.3070 of 2017 stating that there is a dispute about the boundaries of the suit property and the same has not been settled, therefore, the trial Court ought to have directed for demarcation before issuing the warrant of possession. The counsel appearing for the decree holder did not object the same and vide order dated 07.02.2018, this Court remitted the matter back to the Executing Court with a direction to issue an order of demarcation of the land. After 2018, now in the year 2022, the Executing Court has passed the order for demarcation, and thereafter, for handing over the possession, hence, nothing is wrong in the same as it is a case of agricultural land.

05. After the order passed by this Court, notice for demarcation was

issued by the Revenue Inspector vide order dated 23.07.2022. The petitioners have also filed an application under Section 129 of the M.P. Land Revenue Code, 1959 before the Tehsildar. The demarcation has been carried out. The decree passed in the year 2004-05 has not been executed till date because of the objections raised by the these petitioners. The petitioners had already lost before two Court. Vide order dated 29.07.2022, the Court has already recorded that the possession has been handed over on 27.07.2022. Now the execution proceedings are pending only for recovery of mesne profit. Hence, no case for interference is made out in the matter.

06. In view of the above, Miscellaneous Petition stands dismissed.

(VIVEK RUSIA) JUDGE Ravi Digitally signed by RAVI PRAKASH Date: 2023.10.12 10:48:03 +05'30'