JUDGMENT

Dr. ARIJIT PASAYAT, J.—

1.Challenge in this appeal is to the order passed by a learned Single Judge of the Madhya Pradesh High Court dismissing the civil appeal filed by the appellant under Section 100 of the Code of Civil Procedure, 1908 (in short the ‘CPC’ ). The appeal was dismissed summarily at the admission stage holding that no substantial question of law is involved.

2.Learned counsel for the appellant submitted that several questions of law are involved.

3.Learned counsel for the respondent on the other hand submitted that there is no substantial question of law involved.

4.Background facts in a nutshell as projected by appellant are as follows :

5.The present case relates to a land measuring 3.23 acres belonging to the ancestors of Rao NihaI Karan Jamindara Bada Ravala of Indore and later on was a part of a religious and educational trust. The appellants are its trustees. The land in dispute is an important place where the appellant trust is carrying out annual Dussehra Puja even prior to independence. The Zamindar family used to perform puja from generation to generation. There was no dispute whatsoever raised about the said land upto 1969. The respondent was merely