Mukesh Kumar Agrawal S/o Om Prakash Agrawal vs Munni Devi W/o Ramprakash Agnihotri

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2025 Supreme(Chh) 382

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
NARENDRA KUMAR VYAS
Mukesh Kumar Agrawal S/o Om Prakash Agrawal – Appellant
Versus
Munni Devi W/o Ramprakash Agnihotri – Respondent

Advocates Appeared:
For the Appellants : Manoj Paranjpe, Sandeep Patel
For the Respondents: Vivek Tripathi, Kishan Lal Sahu, Sourabh Agrawal, Ratnesh Kumar Agrawal

JUDGMENT :

NARENDRA KUMAR VYAS, J.

1. This is defendant’s first appeal against the judgment and decree dated 31.03.2017 passed by the learned Second Additional District Judge, Raigarh, District-Raigarh (C.G.) in Civil Suit No. 16-A/2012 (Munni Devi Vs. Ganga Devi & others) by which the suit filed by the plaintiff has been decreed by declaring the order passed by the revenue authorities as null and void.

2. For the sake of convenience, the parties shall be referred to in terms of their status shown in Civil Suit No. 16-A/2012 before the trial Court.

3. Brief facts as reflected from plaint averments are that:-

(A) The plaintiff filed a suit for declaration of title, possession, canceling the agreement dated 05.05.2003 executed between sister of plaintiff-Munni Devi namely Gangadevi and Mukesh Kumar S/o Om Prakash Agrawal and mutation order dated 06.05.2003 passed by Tahsildar in favour of Mukesh Agrawal as well as the appellate order dated 22.10.2007 passed by Sub-Divisional Officer, Raigarh, as null & void with regard to property i.e. dilapidated house constructed over Khasra No. 8/6 area 4 dismill situated at Baikunthpur, Ward No. 22 Old Raigarh (hereafter referred to as “the suit prope