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2024 Supreme(MP) 792

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
BINOD KUMAR DWIVEDI
State of Madhya Pradesh – Appellant
Versus
Gandhinagar Grah Nirman Sahakari Sanstha – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Anand Soni, Ajay Raj Gupta
For the Respondent: Amabar Pare
For the Caveator : Vaibhav Bhagwat

JUDGMENT :

BINOD KUMAR DWIVEDI, J.

1. Having regard to the similitude of controversy involved, commonality of disputed lands and parties, these second appeals are being disposed of by this common order.

2. Appellant State of Madhya Pradesh and others and Bhagwan Bahubali Digamber Trust (For short hereinafter will referred as ‘Trust’) have filed these appeals against the Judgment and Decree dated 16-10-2019 passed by the Learned XXVIIth Additional District Judge Indore in Civil Regular Appeal No. 240/2017, whereby the Judgment and Decree passed by the Trial Court dismissing the Civil suit No 109-A/2016 (Earlier No 114-A/1986) filed by the Respondent No.1 Shri Gandhi Nagar Grih Nirman Sahakari Sanstha (for short hereinafter will be referred as ‘Society’) was reversed and suit filed by the Society was Decreed.

3. Facts in brief as having emerged from pleadings of the parties are that the Plaintiff/Respondent Society is a Co-operative housing society registered under the Madhya Pradesh Co-operative societies Act, 1960, filed Civil suit No 114-A/1986 on 26-08-1986 for the relief of declaration of their title, possession, mesne profits and permanent injunction in respect of suit land agains

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