Sakharam vs Shivraj Singh
2025 Latest Caselaw 5895 MP

Madhya Pradesh High Court

Sakharam vs Shivraj Singh on 22 March, 2025

Author: Dwarka Dhish Bansal

Bench: Dwarka Dhish Bansal

         NEUTRAL CITATION NO. 2025:MPHC-JBP:14182




                                                                 1                               SA-910-2010
                               IN    THE       HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                          BEFORE
                                        HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                                     ON THE 22 nd OF MARCH, 2025
                                                    SECOND APPEAL No. 910 of 2010
                                                           SAKHARAM
                                                              Versus
                                                    SHIVRAJ SINGH AND OTHERS
                            Appearance:
                              Shri D.K. Gangrade, Advocate for appellant.
                              Shri Aishwary Sahu, Advocate for respondent 1.

                              Ms. Priyal Suryawanshi, Panel Lawyer for respondent-State.

                                                                  ORDER

This second appeal has been preferred by the appellant/defendant 1 challenging the judgment and decree dtd. 12.05.1010 passed by Additional District Judge, Sohagpur, District Hoshangabad in Regular Civil Appeal No.1A/2010 affirming the judgment and decree dtd. 24.12.2009 passed by Civil Judge Class-I, Sohagpur, District Hoshangabad in Civil Suit No.19A/2009 whereby Courts below have concurrently decreed the suit of respondent 1/plaintiff filed for permanent injunction and for confirmation of possession over the land Survey No.116/4, area 2.92 acre situated in Mauja Gujarkhedi, Tahsil Sohagpur,

District Hoshangabad.

2. Learned counsel for the appellant/defendant 1 submits that although the respondent 1/plaintiff is bhoomiswami of the suit land Survey No.116/4, but Courts below have committed illegality in holding him to be in possession of the land even in presence of sufficient oral and documentary evidence available on record to show that the respondent 1/plaintiff is not in possession, but the

NEUTRAL CITATION NO. 2025:MPHC-JBP:14182

2 SA-910-2010 appellant/defendant 1 is in possession of the land. He submits that the findings recorded by Court below regarding possession, being perverse, are not sustainable in the eyes of law. With these submissions, he prays for admission of the second appeal.

3. Learned counsels appearing for the respondents support the impugned judgment and decree passed by Courts below and pray for dismissal of the second appeal.

4. Heard learned counsel for the parties and perused the record.

5. Undisputedly respondent 1/plaintiff is bhoomiswami of the land Survey No.116/4 and in the proceeding under Section 250 of the M.P. Land Revenue Code, he was also put in possession after dispossessing the appellant/defendant 1 in pursuance of order dtd. 12.11.2007 and on that basis, both Courts below have

found the respondent 1/plaintiff to be in possession of the land. It is well settled that finding on the question of possession is a pure finding of fact and is not liable to be interfered with in the limited scope of second appeal provided under Section 100 of CPC.

6. Resultantly, for want of involvement of substantial question of law interference is declined.

7. Accordingly, this second appeal fails and is hereby dismissed.

8. Miscellaneous application(s), pending if any, shall stand closed.

(DWARKA DHISH BANSAL) JUDGE

KPS