Sunder Bai vs Gourishanker
2024 Latest Caselaw 16623 MP

Madhya Pradesh High Court

Sunder Bai vs Gourishanker on 13 June, 2024

Author: Amar Nath Kesharwani

Bench: Amar Nath Kesharwani

                                                                    1                                         SA-545-2008
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                              SA No. 545 of 2008
                                                    (SUNDER BAI Vs GOURISHANKER AND OTHERS)

                          Dated : 13-06-2024
                                 Shri Akhilesh Kumar Jain - Advocate for the appellant.

                                   None for the respondents.
                          -------------------------------------------------------------------------------------

Heard on IA No. 2791/2021, which is an application for restraining the respondent No.1 from alienating the suit property and making interference in the peaceful possession of appellant on the suit land.

Appellant/plaintiff filed a suit for declaration of title over land bearing Khasra No. 2029 area 4.04 hectare situated at Village Basahri, Tehsil Bina District Sagar (M.P.), which was not found proved by the trial Court as well as the First Appellate Court. Being aggrieved with the impugned judgment and decree, this second appeal has been filed.

This appeal was admitted for final hearing on 28/04/2008. There is no document on record to show that the appellant is the title holder of Khasra No. 1110/5 (new Khasra No. 2029). Appellant has also not filed any documents, which can show that the appellant is in continuous

possession of the suit property.

In support of the application, except affidavit, no other document has been filed. Hence, no prima facie case is established in favour of appellant for issuance of temporary injunction.

Hence, IA No. 2791/2021 is dismissed.

This is an admitted appeal of the year 2008, hence, Office is directed to list the case for final hearing immediately after summer vacation.

2 SA-545-2008 (AMAR NATH (KESHARWANI)) V. JUDGE skt