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2023 Supreme(MP) 298

G. S. AHLUWALIA
Hiriya Bai (Smt. ) – Appellant
Versus
Butha – Respondent


Advocates appeared:
Janaklal Soni for appellant;
Ms. Shanti Tiwari, Panel Lawyer for respondent No. 9/State.

JUDGMENT

1. This second appeal under section 100 of CPC has been filed against the judgment and decree dated 30.11.2016 passed by Additional District Judge, Bijawar, District Chhatarpur in Regular Civil Appeal No.09-A/2015 arising out of judgment and decree dated 16.3.2015 passed by 1st Civil Judge Class-II, Badamalehra, District Chhatarpur in Civil Suit No.14-A/2011.

2. The appellant is the plaintiff who has lost her case from both the Courts below.

3. The facts of the case, in short, are that the plaintiff filed a suit that Bharosa who is her father-in-law had executed a Will in favour of the plaintiff on 4.12.2002. It was also mentioned in the Will that the testator has 6 sons and all the sons are married. The last rites of the testator were performed by the plaintiff and after the death of testator, the plaintiff is in possession of the property in dispute. The defendants in connivance with Patwari and Revenue Officers have obtained an order of mutation dated 6.7.2004 in revenue case No. 20A-6/2003-04 which is null and void to the interest of the plaintiff. It was further pleaded that without any information to the plaintiff, an order of partition has been obtained on 30.11.2006

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