Ramdas Dwivedi (Dead) Thr. Lrs Smt. ... vs Ramlal Saket
2024 Latest Caselaw 13679 MP

Madhya Pradesh High Court

Ramdas Dwivedi (Dead) Thr. Lrs Smt. ... vs Ramlal Saket on 10 May, 2024

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                         SA No. 306 of 2017
                           (RAMDAS DWIVEDI (DEAD) THR. LRS SMT. GULVASIYA @ SUSHILA Vs RAMLAL SAKET AND OTHERS)

                          Dated : 10-05-2024
                                 Shri V.K. Dubey - Advocate for the appellant.

                                 Shri D.S. Parihar - Panel Lawyer for the respondent/State.

Shri Sourabh Pathak - Advocate for the respondents.

Heard on I.A. No. 3695/2017 an application under O.39 R. 1 & 2 of CPC for restraining the respondents not to disposes by way of interfering with

her possession over suit house during the pendency of this appeal.

Counsel for the parties have advanced rival submissions. From perusal of the judgments of courts below, it is found that nowhere plaintiff could establish possession over the disputed land khasra No. 1109/1/2, Rakba 0.15 acres situated at Village Kutha Tehsil Amarpatan, District-Satna on which the disputed house is said to be situated.

From perusal of the judgment passed by the Courts below, this court is of the view that appellant could by no stretch of imagination establish his possession over the disputed house. Therefore, no injunction can be granted to

protect it.

Accordingly, I.A No. 3695/2017 fails and is hereby dismissed. List the case for final hearing in due course.

(BINOD KUMAR DWIVEDI) JUDGE

L.R.