RAJARAM MALI vs INDRAJ W/o KANHIYALAL SAINI

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(MP) 991

DWARKA DHISH BANSAL
RAJARAM MALI – Appellant
Versus
INDRAJ W/o KANHIYALAL SAINI – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Praveen Dubey.
For the Respondent: Bhoop Singh.

Table of Content
1. factual background of property dispute (Para 1 , 2 , 4)
2. the plaintiffs claim historical possession and ownership disputed by the defendants. (Para 3)
3. arguments regarding remand and demarcation (Para 5 , 6 , 7)
4. court observations emphasize that disputes require evidence and may necessitate local inspection. (Para 8 , 9)
5. need for demarcation and appointment of a commissioner (Para 10 , 11 , 12 , 13 , 16 , 17)
6. court's directive for handling remand and property inspection (Para 18)
7. final order and conclusion on the appeal (Para 19 , 20)

ORDER :

1. This misc. appeal is preferred by the appellants/defendants 1-2 challenging the judgment of remand dated 21-2-2005 passed by 1st Additional District Judge, Sagar in Civil Appeal No. 7-A/2003 reversing the judgment and decree dated 29-9-2003 passed by 2nd Civil Judge Class-I, Sagar in civil suit No. 8-A/2002, whereby learned trial Court dismissed the respondents 1-2/plaintiffs’ suit for declaration of title and permanent injunction filed in respect of the suit property, which in civil appeal filed by the plaintiffs has been set aside and matter has been remanded to learned trial Court for decision of civil suit afr