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2023 Supreme(MP) 178

G. S. AHLUWALIA
Raghuvansh – Appellant
Versus
Ramkali – Respondent


Advocates:
Mrigendra Singh with Sourabh Pathak for appellants; Pushpendra Kumar Verma for respondents No. 1 and 2; R. Mathai, Panel Lawyer for respondent No. 17/State.

ORDER

1. This Second Appeal under section 100 of CPC has been filed against the judgment and decree dated 30.11.2018 passed by Second Additional Judge, Sidhi to the Court of First Additional District Judge, Sidhi (M.P.) in Regular Civil Appeal No.30/2018 arising out of the judgment and decree dated 19.5.2017 passed by First Civil Judge Class-1, Sidhi, District – Sidhi (M.P.) in Civil Suit No.4A/2006.

2. The appellants are the defendants who have lost their case from both the Courts below.

3. The plaintiffs filed a suit for partition and possession as well as for declaring the mutation order dated 18.9.1988 as null and void as well as for mesne profits at the rate of Rs.22,500/- per year.

4. The case of the plaintiffs was that the plaintiffs and the defendants are legal representatives of Baramdeen Patel. The defendant No.1 – Balgovind was married to Mudhuni and the plaintiffs are the children born out of the said wedlock. It is their case that later on the defendant No.1 developed illicit relationship with daughter of Mahaveer Patel. As a result he started harassing the mother of t

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