Diwakar Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 14468 MP

                                                           1
                             IN    THE      HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                     BEFORE
                                    HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                             ON THE 4 th OF SEPTEMBER, 2023
                                             SECOND APPEAL No. 1489 of 2016

                            BETWEEN:-
                            DIWAKAR SINGH S/O SHIVRAJ BAHADUR SINGH, AGED
                            ABOUT 40 YEARS, R/O BADAGAV TAH-GUDH (MADHYA
                            PRADESH)

                                                                                      .....APPELLANT
                            (BY SHRI VIVEK BADERIYA, ADVOCATE)

                            AND
                            1.    THE STATE OF MADHYA PRADESH              THR.
                                  COLLECTOR REWA (MADHYA PRADESH)

                            2.    KALIKA PRASAD (DIED) THROUGH LRS
                            A.    RAMKALI W/O KALIKA KOL
                            B.    VERENDRA KUMAR KOL S/O LATE KALIKA KOL,
                                  AGED ABOUT 30 YEARS, GRAM BADAGAV
                                  SILCHAT TOLA THANA AND TAH. GUDH
                                  (MADHYA PRADESH)

                            C.    VIMLA KOL D/O LATE KALIKA KOL, AGED ABOUT
                                  28 YEARS, GRAM BADAGAV SILCHAT TOLA
                                  THANA AND TAH. GUDH (MADHYA PRADESH)

                            3.    BIRJU KOL S/O VIDHATA KOL, AGED ABOUT 40
                                  YEARS, GRAM BADAGAV TAH. GUDH (MADHYA
                                  PRADESH)

                            4.    SHYAMLAL SINGH S/O MALIK SINGH, AGED
                                  ABOUT 60 YEARS, GRAM BADAGAV TAH. GUDH
                                  (MADHYA PRADESH)

                                                                                   .....RESPONDENTS
                            (BY SHRI REJI MATHAI, PANEL LAWYER FOR RESPONDENT-STATE)

                                  This appeal coming on for admission this day, th e court passed the
                            following:
Signature Not Verified
Signed by: KUMARI PALLAVI
SINHA
Signing time: 9/5/2023
12:02:47 PM
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                                                                 ORDER

This second appeal has been preferred by the appellant/plaintiff 2 challenging the judgment & decree dtd. 20.08.2016 passed by 2nd Additional District Judge, Rewa in Civil Appeal No.36-A/2013 affirming the judgment & decree dtd. 11.05.2010 passed by 1st Additional Civil Judge Class-1 to the Court of 1st Civil Judge Class-1, Rewa in Civil Suit No.7A/09 whereby suit filed by the appellant/plaintiff 2 as well as respondent 4/plaintiff 1 Shyamlal Singh filed for declaration of title and permanent injunction on the basis of adverse possession, has been dismissed by learned Courts below.

2. After arguments at length, learned counsel for the appellant/plaintiff 2

prays for withdrawal of the second appeal with liberty to approach the revenue authorities for grant of patta of the land in question under the provisions of RBC.

3. Prayer being reasonable is accepted and this second appeal is permitted to be withdrawn and is hereby disposed off with the aforesaid liberty.

4. If such an application for allotment of the land in question is filed by the appellant/plaintiff 2-Diwakar Singh, that shall be considered by learned revenue authorities in accordance with the law after giving opportunity of hearing to the concerned parties and without being influenced by any of the observations made by this Court in the order passed today.

5. It is made clear that this Court has not expressed any opinion on merits and demerits of the case.

6. Accordingly, second appeal is disposed off with the aforesaid observation.

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

Signature Not Verified Signed by: KUMARI PALLAVI SINHA Signing time: 9/5/2023 12:02:47 PM

(DWARKA DHISH BANSAL) JUDGE Pallavi

Signature Not Verified Signed by: KUMARI PALLAVI SINHA Signing time: 9/5/2023 12:02:47 PM