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2022 Supreme(MP) 471

ANIL VERMA
Premlata Jain, W/o Late Dharamchandji Jain – Appellant
Versus
Nagar Palika Parishad Barod – Respondent


Advocates:
Advocate Appeared:
For the Appellant :ASHISH GUPTA, ADVOCATE
For the Respondent:MS. MINI RAVINDRAN, ADVOCATE

ORDER :

The petitioners/plaintiffs have preferred present petition under Article 227 of the Constitution of India being aggrieved by the impugned order dated 13/01/2022 passed by the 2nd District Judge, Agar, District Shajapur (M.P.) in Misc. Civil Appeal No.09/2021, whereby the first appellate Court has upheld the order dated 06/04/2021 passed by the 1st Civil Judge, Junior Division, Agar in R.C.S.A.No.107/2019 by which an application under Order XXXIX Rule 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 (in short 'CPC') filed by the petitioners/plaintiffs has been dismissed.

2. The facts of the care in brief are that the petitioners/plaintiffs have filed a civil suit against the respondents/defendants by stating that father of the petitioners Late Dharmchand purchased a shop situated at Bus Stand, Agar having dimension of 20 x 14 ft. by the registered sale deed and also got its possession since the date of purchase. Plaintiffs were using the shop in question as owner. On 10/12/2019, respondents have issued a notice under Section 223 of the Madhya Pradesh Municipalities Act, 1961 by stating that the plaintiffs are encroacher and as per the resolution their encroac

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