Madhya Pradesh High Court
Smt. Tarabai Choudahry Died Niranjan ... vs Atmaram on 16 May, 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 16 th OF MAY, 2024
SECOND APPEAL No. 1698 of 2023
BETWEEN:-
1. SMT. TARABAI CHOUDAHRY [DIED THROUGH
HER LRS]
1A. NIRANJAN SINGH S/O SHRI BHIYALAL
CHOUDHARY, AGED ABOUT 62 YEARS,
OCCUPATION: HOUSEWIFE R/O VILLAGE SEONI
PRANMOTI WARD NO. 16 POLICE STAION
K U N D I P U I R A TEHSIL AND DISTRITC
CHHINDWARA (M.P)
1B. NARENDRA SINGH S/O SHRI BHAIYALAL
CHOUDHARY, AGED ABOUT 58 YEARS, R/O
VILLAGE SEONI PRANMOTI WARD NO. 16 P.S.
KUNDIPURA TEHSIL AND DISTRICT
CHHINDWARA (M.P)
1C. BODH SINGH S/O SHRI BAHAIYALAL
CHOUDHARY, AGED ABOUT 50 YEARS, R/O
VILLAGE SEONI PRANMOTI WARD NO. 16 P.S.
KUNDIPURA TEHSIL AND DISTRICT
CHHINDWARA (M.P)
1D. GAJENDRA SINGH S/O SHRI BHAIYALAL
CHOUDHARY, AGED ABOUT 48 YEARS, R/O
VILLAGE SEONI PRANMOTI WARD NO. 16 P.S.
KUNDIPURA TEHSIL AND DISTRICT
CHHINDWARA (MADHYA PRADESH)
1E. ANIL SINGH S/O SHRI BAHIYALAL CHOUDHARY,
AGED ABOUT 40 YEARS, R/O VILLAGE SEONI
PRANMOTI WARD NO. 16 P.S. KUNDIPURA TEHSIL
AND DISTRICT CHHINDWARA (M.P)
1F. RAJESH SINGH S/O SHRI BHAIYALAL
CHOUDHARY, AGED ABOUT 39 YEARS, R/O
VILLAGE SEONI PRANMOTI WARD NO. 16 P.S.
KUNDIPURA TEHSIL AND DISTRICT
CHHINDWARA (M.P)
1G. SANTI BAI W/O SHRI LEKHRAM, AGED ABOUT 52
Signature Not Verified
Signed by: SATTYENDAR
NAGDEVE
Signing time: 5/17/2024
6:02:47 PM
2
YEARS, R/O VILLAGE SIGONDI TOLA TEHSIL AND
P.S. CHAND DISTRICT CHHINDWARA (MADHYA
PRADESH)
1H. RAJKUMARI W/O AWDESH SINGH, AGED ABOUT
44 YEARS, R/O VILLAGE HOLA PANJARA TEHSIL
BICHUAA DISTRICT CHHINDWARA (MADHYA
PRADESH)
1I. YAMUNA BAI W/O SHRI HOSIYAR, AGED ABOUT
40 YEARS, R/O VILLAGE SIRSA SIGONDHI P.S.
AND TEHSIL CHAND DISTRICT CHHINDWARA
(M.P )
1J. SANGEETA W/O PREETAM SINGH, AGED ABOUT
38 YEARS, R/O VILLAGE NONI BARRA TEHSIL
AND P.S. CHAND DISTRICT CHHINDWARA (M.P)
.....APPELLANTS
(BY SHRI SARVESH KUMAR JAISWAL - ADVOCATE)
AND
1. ATMARAM S/O LATE SHRI BABULAL MISHRA,
AGED ABOUT 56 YEARS, OCCUPATION: LABOUR
R/O SEONI PRNMOTI WARD NO. 16 MAHATNA
GANDHI WARD CHHINDWARA TEHSIL AND
DITRICT CHHINDWARA (M.P)
2. THE STATE OF MADHYA PRADESH THROUGH
C O L L E C T O R TEHSIL AND DISTRICT
CHHINDWARA (M.P)
.....RESPONDENTS
(BY SHRI ANUPAM CHATURVEDI - PANEL LAWYER FOR RESPONDENT
2/STATE)
This appeal coming on for admission this day, th e court passed the
following:
ORDER
After arguments at length, learned counsel for the appellants/plaintiffs in
the light of findings recorded by trial Court in para 17 of its judgment as well as
by first appellate Court in para 22 & 24 of its impugned judgment and further in
the light of decision of Hon'ble Supreme Court in the case of Tribhuvanshankar
vs. Amrutlal (2014) 2 SCC 788 (para 31) prays for withdrawal of this second
appeal with liberty to file fresh suit for declaration of title and restoration of
possession after getting their land demarcated.
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. It is made clear that this Court has not expressed any opinion on
merits and demerits of the case and if such a civil suit is filed by the
appellants/plaintiffs before the concerning Court, the same shall be decided on
its own merit without being influenced by the order passed today by this Court.
4. Miscellaneous application(s), pending if any, shall stand disposed off.
(DWARKA DHISH BANSAL)
JUDGE
SN
