Jitendra Singh (Died) thr. LRs. vs Seema

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(MP) 928

HIRDESH
Jitendra Singh (Died) thr. LRs. – Appellant
Versus
Seema – Respondent

Advocates appeared:
Bhupendra Singh Dhakad for appellants No. 1 and 2; Anmol Khedkar for respondent No. 1; Sanjay Singh Kushwaha, Government Advocate for respondent No. 2.

ORDER

1. The instant miscellaneous appeal under Order 43 rule 1(u) read with section 151 of the Code of Civil Procedure has been preferred by the appellants–defendants No. 1 and 2 against the order dated 30.6.2022 passed by the Third District Judge, Joura, District Morena (hereinafter referred to as “the first Appellate Court”) in Regular Civil Appeal No. 07 of 2019, whereby the judgment and decree dated 7.9.2019 passed by the First Additional Judge to the Court of First Civil Judge, Class-I, Joura, District Morena (hereinafter referred to as “the trial Court”) in Civil Suit No. 37-A of 2016 has been set aside and the matter has been remanded to the trial Court for deciding the suit afresh on merits after obtaining a Commissioner’s report regarding alleged encroachment over the suit plot.

2. Facts of the case, in brief, are that respondent No.1–plaintiff instituted a suit for recovery of possession and compensation. According to the plaintiff, she is the owner and possessor of a plot measuring 20 feet in width and 50 feet in length, forming part of Survey No.1143, total area 2 Bigha 8 Biswa situated at Village Alapur, Pargana Joura, District Morena. The plot was purchased by her vide

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