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2023 Supreme(MP) 228

SUBODH ABHYANKAR, PRANAY VERMA
MAAN SINGH – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent


JUDGMENT SUBODH ABHYANKAR, J. : – This appeal has been preferred under section 2(1) of Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam 2005 against the order dated 9-3-2022 passed in W. P. No. 4614/2022; whereby the writ petition filed by the petitioner, has been dismissed.

2. Facts of the case, as noted by the learned Judge of the writ Court in paragraphs 2 and 3 are as hereunder : –

    “2. Lands involved in this case i.e. survey No. 318/1 admeasuring 1.359 hectares and survey No. 319/1 admeasuring 0.314 hectares thus total 1.673 hectares were owned by two real brothers Badri Singh and Chandra Singh. According to the petitioner under the family arrangement, these lands were in possession of his mother Bhawar Bai and petitioner himself since 1977-1978 which is evident from the entries of Khasra for the year 1977-78. Later on, the petitioner and his mother instituted Civil Suit No. 119-A/1979 against Badri Singh and Chandra Singh which was disposed of vide judgment and decree dated 3-4-1984 by way of compromise as the Badri Singh and Chandra Singh have admitted the ownership of the petitioner and his mother. Thereafter the name of the petitioner and his mother cam

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