Manzoor Khan vs Lalita Bai
2023 Latest Caselaw 15146 MP

                                                            1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                    BEFORE
                                   HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                            ON THE 13 th OF SEPTEMBER, 2023
                                              SECOND APPEAL No. 448 of 2016

                          BETWEEN:-
                          MANZOOR KHAN S/O SHRI UMAR KHAN, AGED ABOUT
                          55 YEARS, PATHANI KA IMAMBADA KAHARWADI
                          KHANDWA (MADHYA PRADESH)

                                                                                         .....APPELLANT
                          (BY SHRI BASANT RAJ PANDEY-ADVOCATE)

                          AND
                          1.    LALITA BAI D/O DASURAM YADAV, AGED ABOUT
                                34 YEARS, BEHIND ASHOK TALKIES PADWA
                                TAHSIL AND DISTRICT KHANDWA (MADHYA
                                PRADESH)

                          2.    COLLECTOR      EAST NIMAR THE STATE OF
                                MADHYA         PRADESH KHANDWA (MADHYA
                                PRADESH)

                                                                                      .....RESPONDENTS
                          (SHRI VIJAY PANDEY-PANEL LAWYER FOR RESPONDENT 2/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 judgment and decree dtd. 27.02.2016 passed by Additional Judge to the court of 1st Additional District Judge, Khandwa in civil appeal No.9-A/2015 affirming the judgment and decree dtd. 31.08.2015 passed by 4th Civil Judge Class-I, Khandwa in civil suit No.28-A/2014 whereby suit filed by the appellant/plaintiff for declaration of title and permanent injunction and by Signature Not Verified Signed by: SWETA SAHU Signing time: 9/14/2023 3:20:22 PM

amendment for restoration of possession in respect of the plot, as described in Schedule-A to the plaint, has been dismissed.

2. Learned counsel for the appellant inviting attention of this Court to the findings recorded by learned courts below on issue no.1 submits that both the courts below have concurrently held the plaintiff to be owner of the plot in question and at the same time vide para 10 of the trial court and para 29 of the first appellate court, it has been held that the defendant has not raised construction on the plot of plaintiff bearing in survey no.45/2 admeasuring 25X50=1250 sq.ft.

3. As such in the light of aforesaid findings recorded by learned courts

below in respect of ownership of the plaintiff over the land/plot in question, learned counsel for the plaintiff/appellant prays for withdrawal of this second appeal with liberty to file fresh application under Section 129 of the MP Land Revenue Code, 1959 before the Tahsildar for demarcation of his land/plot.

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

5. If such an application is filed by the plaintiff/appellant before the Tahsildar, the same shall be decided by learned Tahsildar/Naib Tahsildar in accordance with the law without being influenced by any of the adverse findings recorded by learned courts below in the impugned judgment and decree.

6. With the aforesaid observations this second appeal is disposed off.

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

(DWARKA DHISH BANSAL) JUDGE ss

Signature Not Verified Signed by: SWETA SAHU Signing time: 9/14/2023 3:20:22 PM

Signature Not Verified Signed by: SWETA SAHU Signing time: 9/14/2023 3:20:22 PM