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2015 Supreme(MP) 617

D.K.PALIWAL
Gaffar Khan – Appellant
Versus
Jafar Khan – Respondent


Advocates:
S.K. Shrivastav for petitioner; Sushil Goswami for respondent No.1; Dr. (Smt.) Anjali Gyanani, Govt. Advocate for respondent No.2/State.

ORDER

1. This petition has been filed under section 482 of CrPC against the order dated 15.6.2009 passed by ASJ, Sironj, District-Vidisha whereby the order dated 30.10.2008 passed by SDM, Lateri, District-Vidisha in Case No.116/145/2008 has been confirmed.

2. Brief facts of the case are that respondent No.1 submitting an application before SDO, Murwas claiming himself, Siraj Khan, Fidha Mohd., Satta Khan, Kallu Khan to be owner of land bearing survey No.470, 471 situated at Village-Lalchiya. The land just adjacent to the land of petitioner, respondent No.1 is having its own land and one medh is there. It is further averted that the petitioner has demolished the said medh and encroached upon such land of respondent No.1, hence prayed for necessary action. SDO, Murwas filed a complaint before SDM, Lateri submitting there is likelihood of breach of peace, hence the disputed land may be attached. Learned SDM, Lateri vide its order dated 30.10.2008 directed for attachment of disputed property. Being aggrieved with the order petitioner preferred criminal revision No.261/2008 before ASJ, Sironj. Learned ASJ, Sironj has confirmed the order passed by learned SDM, Lateri being aggrieved with

































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