Anandilal vs The State Of Madhya Pradesh
2025 Latest Caselaw 4117 MP

Madhya Pradesh High Court

Anandilal vs The State Of Madhya Pradesh on 6 February, 2025

Author: Vivek Rusia

Bench: Vivek Rusia

          NEUTRAL CITATION NO. 2025:MPHC-IND:3039




                                                              1                               WP-3673-2025
                              IN     THE      HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                         BEFORE
                                             HON'BLE SHRI JUSTICE VIVEK RUSIA
                                                 ON THE 6 th OF FEBRUARY, 2025
                                                 WRIT PETITION No. 3673 of 2025
                                               ANANDILAL AND OTHERS
                                                       Versus
                                      THE STATE OF MADHYA PRADESH AND OTHERS
                           Appearance:
                                   Shri Makbool Ahmad Mansoori - Advocate for the petitioner.
                                   Shri Kushagra Jain - Dy. G.A. for respondent/State.

                                                                  ORDER

The petitioners have filed this present petition under Article 226 of the Constitution of India being aggrieved by the order dated 02.12.2024, whereby the S.D.O has rejected their application for restoration of possession.

2. The respondent No. 4 Ambubai approached the S.D.O. under a Jan Sunwai and she was alleging dispossession by these present petitioners from the house. The S.D.O passed an order in her favor and she was put back into

the possession. The said order was challenged before the Collector by these petitioners in which this order was set aside. Again, the petitioners approached the S.D.O. seeking restoration of possession.

3. Learned counsel for the petitioners submits that earlier the petitioners and respondent No.4 were under litigation before the Civil Court in which, she failed to established that she is a legally married wife of

NEUTRAL CITATION NO. 2025:MPHC-IND:3039

2 WP-3673-2025 Shobharam, who happens to be an owner of the property in question. But in the said suit, this present property was not a subject matter. Against the judgment and decree, first appeal is pending.

4. Admittedly, now the respondent No.4 is in possession of the property in question and the petitioners were dispossessed. After dispossession, now they are required to approach the Civil Court to establish their title and seek a decree of possession.

5. With the aforesaid liberty, petition stands disposed of.

(VIVEK RUSIA) JUDGE

Vatan