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2023 Supreme(MP) 383

SUNITA YADAV
Asharam – Appellant
Versus
Papuraja @ Raghvendra – Respondent


Advocates:
Rajendra Singh Dhakad for appellants;
Ajay Bhargava for respondent No. 1.

ORDER

1. Present second appeal under section 100 and 101 of CPC has been filed against the judgment and decree dated 22.2.2022 passed by Additional District Judge, Pichhore, District Shivpuri, (M.P.) in Civil Appeal No.27/2017 affirming the judgment and decree dated 8.12.2017 passed by the Civil Judge, Class-I, Khaniyadhana, District Shivpuri, in Civil Suit No.31-A/2015 by which the suit of appellants/plaintiffs was dismissed. The order relates to an application filed by the appellants/plaintiffs under Order 26 rule 9 of CPC.

2. Factual matrix of the case, in brief, are that the plaintiffs filed this suit stating therein that they are the owners of land in Village Aharwanpur, Tehsil Khaniyadhanna, District Shivpuri, bearing Survey No. 930, area 2.22 hectares . On this land 6 rooms are built. Three out of six rooms shown in the map annexed with the plaint, surrounded in red ink and the land on which the rooms are built is the disputed property/land. The said map annexed as 'A' is a part of the plaint. The said disputed property is adjacent to the Survey No.929 Area 0.50 Hectare which belongs to Defendant No. 1. The boundaries of both the survey numbers remained the same since the time

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