Uttam Chand Jain vs Kashrimal
2025 Latest Caselaw 3815 MP

Madhya Pradesh High Court

Uttam Chand Jain vs Kashrimal on 12 August, 2025

Author: Gurpal Singh Ahluwalia

Bench: G. S. Ahluwalia

                      NEUTRAL CITATION NO. 2025:MPHC-GWL:17392



                                                              1                    SA. No. 446 of 2010

                         IN THE         HIGH COURT                OF MADHYA PRADESH
                                                   AT G WA L I O R
                                                         BEFORE
                                      HON'BLE SHRI JUSTICE G. S. AHLUWALIA

                                           SECOND APPEAL No. 446 of 2010
                                          UTTAM CHAND JAIN AND OTHERS
                                                     Versus
                                                  KASHRIMAL


                      Appearance:
                      Mr. Vinod Kumar Bhardwaj - Senior Advocate, assisted by Mr. Rohit Batham -
                      Advocate for appellants.
                      Mr. Somnath Seth - Advocate for respondent.

                      ________________________________________________________________

                      Reserved on :     05.08.2025

                      Pronounced on: 12.08.2025

                       ________________________________________________________________

                                                       JUDGMENT

This second appeal under Section 100 of CPC has been filed against judgment and decree dated 18.05.2010 passed by Additional Judge to the Court of Sixth Additional District Judge (Fast Track), Bhind in Regular Civil Appeal No. 4/2010, by which judgment and decree dated 23.12.2009 passed by First Additional Civil Judge to the Court of First Civil Judge, Class II, Bhind in Civil Suit No. 77A/2009 has been reversed.

NEUTRAL CITATION NO. 2025:MPHC-GWL:17392

2. The controversy involved in the present case is as to whether appellants are the owners of the property in dispute or not?

3. This Court by a separate judgment passed in F.A. No. 1836/2022 has held that appellants are not the owners of property in dispute. Therefore, this Court is of considered opinion that in the light of judgment and decree dated 08.08.2025 passed in F.A. No. 1836/2022, nothing survives in this appeal.

4. Accordingly, judgment and decree dated 18.05.2010 passed by Additional Judge to the Court of VI Additional District Judge (Fast Track), Bhind in R.C.A. No. 4A/2010 is hereby affirmed.

5. Appeal fails and is hereby dismissed.

(G.S. Ahluwalia) Judge AKS