Back
IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
PRANAY VERMA
Tolaram – Appellant
Versus
Madanlal – Respondent
| Table of Content |
|---|
| 1. discussion on the legal provisions, especially section 131. (Para 10 , 11) |
| 2. clarification of easementary rights and the code’s jurisdiction. (Para 12 , 13 , 14) |
| 3. determination of parties required in the suit. (Para 15 , 16 , 17) |
| 4. conclusion on the appeal's merit. (Para 18) |
ORDER :
PRANAY VERMA, J.
01. This appeal under Order 43 Rule 1(u) of the Code of Civil Procedure has been preferred by defendants No.1 and 2, being aggrieved by the order dated 11.07.2023 passed in Regular Civil Appeal No.14/2023 by the District Judge, Tarana, District Ujjain setting aside the judgement and decree dated 03.08.2021 passed in RCS No.32-A/2021 by the Second Additional Civil Judge, Senior Division, Tarana, District Ujjain and remanding the matter back to it for decision on merits.
02. The facts of the case in brief are that defendants No.1 and 2 had filed an application under Section 131 of M.P. Land Revenue Code, 1959 (hereinafter referred to as ‘the Code’) before the Tehsildar in respect of right of way. By order dated 18.03.2020, the said application was allowed by the Tehsildar being aggrieved by which the plaintiff preferred an appeal under Section 44 (1) of the Code before t
Civil Courts possess jurisdiction to adjudicate easementary rights despite revenue authority's orders, provided disputes are not in respect of Government land.
Remedies under Section 143 of Maharashtra Land Revenue Code against Tahsildar’s right-of-way decision—statutory appeal or civil suit—are mutually exclusive; electing appeal bars suit, even if withdra....
Civil courts lack jurisdiction over matters under Section 170B of the Chhattisgarh Land Revenue Code, 1959, particularly regarding benami transactions involving members of aboriginal tribes.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
