Damodardas vs Smt. Godawari
2024 Latest Caselaw 4425 MP

Madhya Pradesh High Court

Damodardas vs Smt. Godawari on 15 February, 2024

Author: Dwarka Dhish Bansal

Bench: Dwarka Dhish Bansal

                                                            1
                           IN    THE       HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                   BEFORE
                                  HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                            ON THE 15 th OF FEBRUARY, 2024
                                             SECOND APPEAL No. 744 of 2020

                          BETWEEN:-
                          DAMODARDAS S/O GOPALDAS, AGED ABOUT 73 YEARS,
                          OCCUPATION: BUSINESS R/O MOHALLA PRATAPPUR,
                          DISTRICT AND TEHSIL BURHANPUR, (MADHYA
                          PRADESH)

                                                                                          .....APPELLANT
                          (BY SHRI Y.M. TIWARI - ADVOCATE)

                          AND
                          1.    SMT. GODAWARI W/O NARAYAN CHOUDHARY
                                R/O MOHALLA 173-D RUHABAGHA SECTOR,
                                BHILAI, DISTRICT DURG C.G. (CHHATTISGARH)

                          2.    GOPAL S/O NARAYAN CHOUDHARY MOHALLA
                                173-D    RUHABAGHA   SECTOR   BHILAI
                                (CHHATTISGARH)

                          3.    BHAGWAT S/O NAYAYAN CHOUDHARY VILLAGE
                                BAHADARPUR TEHSIL AND DISTT.BURHANPUR
                                (MADHYA PRADESH)

                          4.    STATE OF MADHYA PRADESH THROUGH
                                COLLECTOR NOT MENTION (MADHYA PRADESH)

                                                                                      .....RESPONDENTS
                          (SHRI HEMANT CHOUHAN - ADVOCATE FOR RESPONDENTS 1-2 AND
                          SHRI PRADEEP DWIVEDI - PANEL LAWYER FOR RESPONDENT 3/STATE )

                                This appeal coming on for admission this day, th e court passed the
                          following:
                                                             ORDER

After arguments at length, learned counsel for the appellant/plaintiff, in the light of findings recorded in para 24 to 28 of the judgment and decree

dtd.29.06.2019 passed by 3rd Civil Judge Class-I, Burhanpur in civil suit No.38-A/2017, prays for withdrawal of this second appeal with liberty to file fresh application for demarcation of his land bearing in survey No.505/3 area 0.01 hect. and 505/5 area 0.08 hect., regarding which ownership has not been claimed by the defendants in their written statement.

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

3. If such an application under Section 129 of MP Land Revenue Code, 1959 is filed by the appellant/plaintiff before the concerning revenue

authority/Tahsildar, the same shall be decided by the authority after giving due opportunity of hearing to the respondents/defendants or any other person, taking into consideration the findings recorded by trial court in para 24 to 28.

4 . It is made clear that this Court has not expressed any opinion on the merits and demerits of the case and the authority is free to decide the application in accordance with law.

5. Pending application(s), if any, shall stand disposed off.

(DWARKA DHISH BANSAL) JUDGE ss