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2019 Supreme(MP) 110

VANDANA KASREKAR
Mangilal – Appellant
Versus
Ganpatlal – Respondent


Advocates:
Sunil Jain with Kushagra Jain for appellant; V. K. Jain with Yashwardhan Raghuwanshi for respondents No. 1 to 4; Ms. Mamta Shandilya, Government Advocate for respondent No. 5/State.

JUDGMENT

1. The appellant has filed this appeal against the order dated 22.9.2018 passed by I ADJ, Jaora in civil regular Appeal No. 30-A/2018 whereby the learned Judge has rejected the application filed by the appellant under Order XXXIX rules 1 and 2 of CPC against the respondents.

2. Facts in brief are that on 19.3.2012 plaintiff has purchased a land bearing survey No. 326 ad-measuring 3.08 hectare from one Laxmibai d/o Bhawarlal Patidar and Balram s/o Rameshwar Patidar of Village Hanumantiya. It was further stated that the plaintiff immediately after purchase of the land in question, is in cultivation, possession in respect of the suit land. It has further been averred in the plaint that on 14.7.2012, the respondents No. 1 to 4 came on the suit land and informed the appellant that the suit land has been leasedout to them and they will cultivate it. They further threatened the appellant of dire consequences, therefore, the appellant has filed the civil suit. Respondent after service of summons of the suit filed their written statement and refuted the plaint allegations. Trial Court vide order dated 7.8.2012 allowed the application of the plaintiff filed under Order XXXIX rules 1





















































































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