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ALOK AWASTHI
Kantilal – Appellant
Versus
State of M. P. – Respondent
ORDER
1. The petitioners have filed the present petition under Article 227 of the Constitution of India, being aggrieved by the order dated 13.11.2025 passed by the 2nd District Judge, Shajapur in MCA.No.23 of 2025 whereby the appeal filed by the respondents has been allowed and the application under Order 39 rule 1 and 2 read with section 151 of the CPC filed by the petitioners / plaintiffs has been dismissed and the order dated 8.10.2024 passed in RCS-A 126/2024 by the 2nd Civil Judge, Jr. Division, District - Shajapur has been set aside.
2. Facts of the case are that the petitioners have filed a suit for declaration and permanent injunction against the defendant respondents stating that land bearing survey No.1462 Rakba 0.094 and No. 1464 Rakba 0.10 hectare situated at Nagar Maksi, Tehsil and District Shajapur is of the ownership and possession of the petitioners and also recorded in the revenue record and the same is the suit property. It was further stated that the petitioners are doing the agricultural operation since the time of their forefather and the same allotted to them by the Jagri of the Gwalior States and from the last 4-5 generations they are in the possession of the
The central legal point established is that the authorities are bound to mutate the names based on a judgment and decree, and that proceedings cannot be stayed solely on the anticipation of an appeal....
The main legal point established in the judgment is the conclusive nature of the determination between the parties and the decree-holder under Order XXI Rule 97 of CPC, and the application of this pr....
The need for factual appreciation of evidence before deciding on property boundaries and the presumption of right flowing from Section 44 of the Land Revenue Act, 1901.
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