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2019 Supreme(MP) 409

RAJEEV KUMAR DUBEY
Vishwanath Singh – Appellant
Versus
Munni Bai Kewat – Respondent


Advocates:
Atul Upadhyay for appellant; Sanjay Kumar Agrawal for respondent No. 1; Shivam Hazare, Panel Lawyer for respondent No. 2/State.

JUDGMENT

1. This appeal has been filed under section 96 of the Code of Civil Procedure against the judgment and decree dated 1.8.2012 passed by I Additional District Judge, District Shahdol in Civil Suit No.08-A/2011, whereby learned ADJ decreed the suit filed by respondent No.1/plaintiff Munni Bai Kewat and declared her owner of the agricultural land bearing Survey No. 96/1, area 0.202 hectare situated at village Jhagarha, Tehsil Sohagpur (hereinafter referred to as the “suit land”) and directed the appellant/defendant to give possession of the suit land within two months to the respondent No.1/plaintiff and not to interfere in the possession of the plaintiff over suit land after giving its possession to the respondent No.1/plaintiff.

2. It is notable here that plaintiff Smt. Munnibai had filed Civil Suit No. 08-A/2011 against appellant Vishwanath Singh regarding suit land and also filed Civil Suit No.10-A/2011 regarding another land against Harendra Singh, Jitendra Singh and Bhupendra Singh on the same ground. Learned trial Court consolidated both the suits and tried them jointly and disposed of both the suits by a common judgement, but appellant Vishwanath Singh, Harendra Singh, J

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