Sakesh vs Mahesh - 2025 Supreme(MP) 237

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2025 Supreme(MP) 237

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
SANJEEV S KALGAONKAR
Sakesh – Appellant
Versus
Mahesh – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Shri Ayushman Choudhary, Advocate
For the Respondent:Shri Rohit Singh Solanki, Advocate

ORDER :

SANJEEV S KALGAONKAR, J.

1. The record of the Court of first instance and the First Appellate Court have been received.

2. Heard learned counsel for the appellant on admission of appeal and the substantial questions of law.

3. The respondents Mahesh, his mother Parvatibai and son Aniruddh had filed a civil suit assailing the sale-deed dated 22.12.2009 executed by defendant No.2 Rameshchandra @ Ashok Kumar in favour of defendant No.1 Sakesh Soni and praying for declaring it null and void to the extent of area of disputed property and declaration of joint user of the passage situated between the ancestral properties of both the parties. The plaintiff claimed that his predecessor in the title, Chandulal and predecessor in the title of defendant, Chunnilal were contesting a civil suit with regard to the disputed property. In the Civil Suit No.31/1950, a compromise decree dated 13.02.1952 was passed, wherein it was decreed that the passage admeasuring 7 x 20 feet would be used by both the parties. The defendant no.2 had executed sale-deed of his house in favour of the respondent No.2 including the passage which was for common usage between the parties, therefore, the sale-deed is n