Madhya Pradesh High Court

Kamlesh Kumar Lodhi vs Shiv Narayan Lodhi on 6 May, 2024

Author: Avanindra Kumar Singh

Bench: Avanindra Kumar Singh

                     IN THE HIGH COURT OF MADHYA PRADESH

                                       AT JABALPUR
                                      SA No. 1231 of 2020
                         (KAMLESH KUMAR LODHI Vs SHIV NARAYAN LODHI AND ORS.)

Dated : 06.05.2024
         Shri Devendra Singh Baghel - Advocate for appellant/defendant.
         Ms. K.C.V. Rao - Panel Lawyer for respondent No. 2/State.

This second appeal filed by the appellant/defendant against the judgment passed by the learned Civil judge Class-I, Pawai, Distt. Panna (M.P) in Civil Suit No.46-A/2016, Shivnarayan vs. Kamlesh Kumar. By the judgment dated 10.09.2018, the learned trial Court has decreed the suit of the plaintiff for disputed suit land Khasra No.17, Area 0.56 hectare, situated at village Deori Sarkar, Tehsil Pawai, Distt. Panna which was for declaration of title and permanent injunction.

The appeal of the defendant was rejected in Civil Appeal No.24/2018 by the learned Additional District Judge, Pawai, Distt. Panna by judgment and decree dated 08.01.2020.

Argument of the learned counsel for the appellant is that appellant and defendant No.1 are first cousin. Name of the respondent has been mutated in the disputed land, but he (appellant) is in possession of Khasra No.17/2 and to demonstrate he relied on evidence of plaintiff and defendant No. 1 in the trial Court.

Perused the record.

This second appeal is admitted on the substantial question of law "Whether on the date of filing the suit, plaintiff No. 1/respondent No. 1 was in possession of the suit land on the basis of partition between the parties in the suit".

Let both the parties maintain status quo regarding the suit property till the next date of hearing.

On payment of process fees within two weeks, issue notice to the respondent No. 1 of this appeal, aforesaid substantial question of law and IA No. 5589/2020.

(AVANINDRA KUMAR SINGH) JUDGE vkv /-

VINAY

DN: c=IN, o=HIGH COURT OF MADHYA

KUMAR 2.5.4.20=13db8761eb70b132ff40273d 1cd6cbbe7943345d9b89a3be51b2002 de183fc51, postalCode=482001, st=Madhya Pradesh, serialNumber=24244EEED4BE5112B28

VERMA 64A7944D29B2B81856B49A70689CB1 4D4EBD1688FF149, cn=VINAY KUMAR VERMA Date: 2024.05.08 19:48:40 +05'30'