Kandhilal vs Ram Naresh Patel
2024 Latest Caselaw 20795 MP

Madhya Pradesh High Court

Kandhilal vs Ram Naresh Patel on 1 August, 2024

Author: Avanindra Kumar Singh

Bench: Avanindra Kumar Singh

                                                            1                               SA-948-2021
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                      SA No. 948 of 2021
                                             (KANDHILAL Vs RAM NARESH PATEL AND OTHERS )



                          Dated : 01-08-2024
                               Shri N.K. Tiwari - Advocate for the appellant.
                                  Shri R.G. Verma - Panel Lawyer for the State of M.P.- respondent

no.2.

This second appeal has been filed by the plaintiff who has lost in both the Courts. It is submitted that encroachment was found on the suit land of the plaintiff and even partial decree was not allowed. It is submitted that learned First Appellate Court dismissed the applications under Order 6 Rule 17 of CPC and under Order 41 Rule 27 of CPC incorrectly. The appeal was heard on admission on 13.4.2024.

Perused the record of trial court as well as First Appellate Court and the judgment dated 31.07.2019 passed by learned Civil Judge, Class-I, district Katni in Civil Suit No.18-A of 2018 and the judgment of the First Appellate Court dated 27th March 2021 passed in RCA/1355/2019. On perusal this second appeal seems to arguable, hence, it is admitted for final hearing on the following substantial questions of law :-

(i) Whether both the Courts have ignored the demarcation report produced by the concerning Patwari before the Tahsildar, Dheemarkheda on 01.09.2015 subject to encroachment made by the defendant no.1 on the land of the plaintiff shown as A,B,C and D part in read colour of the suit map?

(ii) Whether the learned First Appellate Court has wrongly rejected the application under Order 6, Rule 17 of CPC and the application under Order 41 Rule 27 of the CPC filed by the appellant/plaintiff and subsequently dismissed the appeal filed by the appellant?

2 SA-948-2021

(iii) Whether the judgment and decree passed by both Courts are liable to be set aside on the ground that the jurisdiction of the civil court is not barred in view of provisions of Section 257 (x) of M.P.L.R.C. 1959?

On payment of P.F. within seven working days, let notice be issued to the respondent no.1.

As an interim measure, it is directed that both the parties shall maintain status quo regarding the suit property and shall not alienate the suit property till next date of hearing.

List after the service report is received.

(AVANINDRA KUMAR SINGH) JUDGE

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