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2023 Supreme(MP) 524

SATYENDRA KUMAR SINGH
Ashok Singh – Appellant
Versus
Yashpal Singh – Respondent


Advocates Appeared:
Sarvesh Sharma, Advocate, Ramadhar Chaubey, Advocate

JUDGMENT

1. This petition under Article 227 of the Constitution of India has been preferred against the order dtd. 7/1/2023, passed by the Court of 2nd Civil Judge, Senior Division, Bhind, whereby petitioners' application filed under Order VI Rule 17 CPC, application under Order VIII Rule 1 CPC and application under Sec. 33 of the Evidence Act were rejected.

2. Brief facts giving rise to this petition are that Late Surajkumari alias Surajkunwar w/o Late Kayam Singh was the owner of agricultural lands bearing survey nos. 53(1.22 hect.), 369(0.042 hect.), 382(0.26 hect.), 794(0.38 hect.), 803(0.68 hect.), 887(0.52 hect.), 1229(0.24 hect.), 1645(0.28 hect.) and 1668(0.28 hect.), situated at village Barakala, District Bhind alongwith 1/3 rd share of the lands bearing survey no.839(0.4 hect.) and 843(0.94 hect.), situated in the same village. After the death of Late Surajkumari, the petitioners filed an application bearing Revenue Case No.71/10-11 A-6 "Yashpal Singh Vs. Ashok Singh" before the Court of Tahsildar Bhind, for mutation of the aforesaid lands, which are disputed, on the ground that the said lands were undivided ancestral property of the petitioners and Late Kayam Singh, where

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