Laxman Choudhary vs Sohan Singh Alias Bablu
2023 Latest Caselaw 15639 MP

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        SA No. 1502 of 2022
                                  (LAXMAN CHOUDHARY AND OTHERS Vs SOHAN SINGH ALIAS BABLU AND OTHERS)

                           Dated : 22-09-2023
                                 Shri G.K. Gautam- Advocate for appellants.

                                 None for respondent No.1 inspite of service.

Ms. Pushpanjali Dwivedi - Panel lawyer for respondent No.2/State.

IA No. 6712/22, is an application for condonation of delay in filing the appeal. Reasons have been given. Affidavit is filed.

For the reasons stated in the application, delay is hereby condoned. The trial court in Civil Suit No. 32-A/2013 by judgment and decree dated 04-07-2015 dismissed the suit. The learned First Appellate court in CA No. 15- A/2016 by judgment and decree dated 28-02-2022 dismissed the appeal.

Heard on the question of admission. The appeal is admitted on the following substantial questions of law:-

"(i) Whether in view of the fact that on the basis of the record, the possession of the appellants is proved and even if the mutation is not held legal and valid, then too, on the basis of adverse

possession, the appellants have prescribed their right and title?

(ii) Whether in view of the fact that the mutation in the name of Baua Choudhary being of the year 1956 i.e. prior to the coming into force of MPLR Code, 1959 (which came into force on 02-10-1959), therefore, the provisions of Section 170(B) MPLR Code, 1959 are not attracted?

(iii) Whether on the basis of documentary and oral evidence it is proved that the original plaintiff has done agricultural work since Signature Not Verified Signed by: PARMESHWAR GOPE Signing time: 23-09-2023 11:49:25

1956, therefore, the provisions of Section 165 (6) of MPLR Code, 1959 are not attracted?

(iv) Whether in view of the fact that the learned trial court found that the mutation having been done in favour of the plaintiff does not come within the scope of Section 170(B) of MPLR Code, 1959, in such a situation the order dated 22-09-2010 passed by Sub- Divisional Officer Sohagpur is null and void?"

In the meanwhile, the parties are directed to maintain status quo regarding the suit property till the next date of hearing.

Let the case be listed for final hearing in due course.

(AVANINDRA KUMAR SINGH) JUDGE

PG

Signature Not Verified Signed by: PARMESHWAR GOPE Signing time: 23-09-2023 11:49:25