Yakub Qureshi vs Roshan
2024 Latest Caselaw 21156 MP

Madhya Pradesh High Court

Yakub Qureshi vs Roshan on 5 August, 2024

Author: Avanindra Kumar Singh

Bench: Avanindra Kumar Singh

                                                            1                              SA-2669-2023
                            IN   THE       HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE AVANINDRA KUMAR SINGH
                                                ON THE 5 th OF AUGUST, 2024
                                             SECOND APPEAL No. 2669 of 2023
                                                     YAKUB QURESHI
                                                         Versus
                                                   ROSHAN AND OTHERS
                         Appearance:
                           Shri Dhananjaya Asati - Advocate for the appellant.
                           Shri Rama Shankar Yadav - Advocate for respondents No.1 to 6.

                                                              ORDER

This appeal filed by the appellant/defendant under Section 100 of the Code of Civil Procedure Code, 1908, being aggrieved by the judgment and decree dated 25/09/2023 passed by learned District Judge, Parasiya District Chhindwara (MP) in Civil Appeal No.10/2023 (Yakub vs. Roshan and others) whereby said appeal of the respondent/plaintiff has been dismissed and affirmed the judgment and decree dated 30/11/2019 passed by learned First Civil Judge, Class-II Parasiya District Chhindwara in Civil Suit No.14-A/2018.

2. Learned counsel for the appellant/defendant submitted that he has lost in both the Court because he did not exhibited any document in his support, but possession lies with him regarding the suit property.

3. Perused the record of the trial Court i.e. First Civil Judge Class-II, Parasiya, District Chhindwara in Civil Suit No.14-A/2018 ( Roshan and others vs Yakub), it is seen that basically the dispute between the parties is regarding construction on a public Nala and near the Nala, there is

2 SA-2669-2023 adjacent properties of both the parties. It was submitted by the plaintiff that defendant has encroached on his property but the trial Court rejected the suit for declaration of title and permanent injunction, but partly allowed the suit declaring that the plaintiff has possession over the suit property mentioned in Para-1 in the judgment of the trial Court.

4. The regular Civil Appeal No.10/2023 filed by the appellant/defendant was rejected vide judgment and decree dated 25/09/2023.

5. On perusal of the records of both the Courts, it is seen that defendant has not filed any document in support of his defence whereas plaintiff has exhibited 21 documents as per list. Therefore, there is nothing on fact, evidence and law by which the decree can be set aside. Both the learned Courts have considered the matter in detail by reasoned judgments.

6. In view of the aforesaid, this appeal having no substantial question of law and is hereby dismissed.

(AVANINDRA KUMAR SINGH) JUDGE

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