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2015 Supreme(MP) 403

M.K.MUDGAL
Gulab Bai – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
For the Petitioner:Sanjay Agrawal, Advocate.
For the Respondents: D.K. Parouha, Learned PL.

JUDGMENT :

M.K. Mudgal, J.

1. The appellants / plaintiffs have filed this appeal under Section 100 of the Code of Civil Procedure being aggrieved by the judgment and decree dated 11.8.2005 passed by the Court of First Additional Judge to the Court of First Additional District Judge, Satna in civil appeal no. 64-A/05 affirming the judgment and decree dated 17.12.2002 passed by the Court of Second Civil Judge Class-2, Satna in Civil suit no. 6-A/01, whereby the suit filed by the appellants / plaintiffs for declaration of title to the survey no. 533 area 0.30 acres and survey no.538 area 21.49 acres situated in village Sarai, district Satna was dismissed. In this appeal the appellants are referred to as the plaintiffs and the respondents as the defendants.

2. Undisputed facts of the case are that Arjun Singh was the Bhumiswami of the disputed agricultural land bearing surveys no. 535 and 538. He died issue-less. Proceedings under section 177 of the M.P. Land Revenue Code were initiated by the court of the Tahsildar, Tahsil Rampur Baghelan, District Satna bearing case no. 2-A/26/98-99 for declaration of the said land to be an abandoned holding and in this regard an order dated 3.10.2000 E











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