VISHAL MISHRA
Munni Devi – Appellant
Versus
Uttam Singh – Respondent
JUDGMENT :
Vishal Mishra, J.
1. The matter is heard on the admission.
2. Challenge is being made to the order dated 20.01.2021 (Annexure P-1) passed by the Tenth Additional Session Judge, Gwalior in Miscellaneous Civil Appeal No. 129/2018, whereby the miscellaneous civil appeal filed by the petitioners against the order dated 18.09.2018 passed by the Fourteenth Civil Class-2, Gwalior has been set aside.
It is argued that the petitioners have filed a civil suit with respect to Plot No.. The plot was purchased by the plaintiffs/petitioners vide registered sale deed dated 17.12.2007 from Ashok Grah Nirman Sahkari Samiti Maryadit Gwalior through its Vice-President Manoj Kisan and after purchasing the plot received the possession and NOC. It is argued that they have constructed the boundary wall and are using the plot for keeping Tractor etc. On 16.01.2017 the defendants no. 1 and 2 came to the plot and made a dispute with the plaintiffs husband Yadunath and on 17.01.2017, 8 to 10 persons came to the petitioners' plot and have quarrelled with the petitioner no. 1 and her son Pradeep. The matter was reported to the police authorities but when no response was filed and the civil suit for decl
Point of Law : An appeal against exercise of discretion is said to be an appeal on principle. The Appellate Court will not reassess the material and seek to reach a conclusion different from the one ....
The burden of proof lies with the party making a claim, and non-appearance of a party in court does not negate established evidence.
The validity of possession and ownership claims in a suit for permanent injunction is contingent on the production of valid and registered documents, as per the Registration Act, 1908.
A simpliciter suit for permanent injunction is not maintainable if the plaintiff is out of possession and the title to the property is in dispute; in such cases, the plaintiff must seek a declaration....
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