JUDGMENT :

ALOK AWASTHI, J.

Heard on the question of admission.

2. The appellants have preferred present appeal under Section 100 of the Code of Civil Procedure, 1908 (hereinafter referred to as "CPC") being aggrieved by the judgment and decree dated 06.05.2025 passed by learned Additional District Judge, Dr. Ambedkar Nagar, District Indore in RCA No. 10/2025 whereby judgment and decree dated 23.12.2024 passed by learned Civil Judge, Junior Division, Dr. Ambedkar Nagar, District Indore in RCS A No. 478-A/2018 partially dismissed the suit filed by the appellants/plaintiff, has been affirmed and appeal filed by the appellants has been dismissed.

3. Necessary facts for disposal of this appeal, in brief are that the appellants/plaintiffs had purchased the land bearing Survey No. 84/1 area 2.223 hectare situated at Village Jafarabad, Tehsil Dr. Ambedkar Nagar, District Indore from the previous owner of the land namely Bheru Singh @ Bherulal S/o Moti Singh through a registered sale deed dated 04.07.1998. The name of the appellants have also been recorded in the revenue records as the landowner of the disputed land. To the West side of the land of Survey No. 84/1, land of Survey No. 84/2 owned by respondent No. 1/defendant No. 1 Yashwant S/o Ratan Singh Yadav, is situated. On 01.08.2016, respondent Nos. 1 & 2/defendant Nos. 1 & 2 submitted an application under Section 32 of the M.P. Land Revenue Code, 1959 (for brevity "MPLRC") before the Court of Naib Tehsildar, Tappa Manpur, Tehsil Mhow, District Indore. In this application, it was stated that Ratan Singh, father of respondent Nos. 1 and 2, had submitted an application under Section 131 of the MPLRC in respect of the said land, which was registered as case No. 06-A/2013/1994- 95 and was considered a road upon Survey No. 84/1 vide order dated 15.03.1995. The said application was decided against the appellants in absence of the appellants.

4. Further, appellants preferred an appeal before SDO, Mhow, the same was also dismissed vide order dated 13.04.2017. Against which, a second appeal was filed before the Additional Commissioner, again, it was dismissed vide order dated 02.01.2018. Thereafter, on presentation of Revision Petition No. 1417/2018 by the appellants before Revenue Board, Gwalior, the Revision Petition was also dismissed by the Revenue Board vide order dated 03.04.2018.

5. It was further pleaded that the Revenue Authorities passed the order illegally without providing any opportunity to cross-examine the respondents and without investigating the existence of the alleged road. Upon receiving a certified copy of the order dated 15.03.1995, passed in Case No. 06/2013/1994-95, the appellants came to know that Bhairulal, previous owner of the disputed land, had not signed any of the proceedings, resulting in the proceedings being conducted in the absence of appellants. No road exists on the south side of the disputed land, and a deep drain runs from north to south at the said location. The respondents have been using the route available from the Manpur-Jafrabad road through the land of another farmer, Dhan Singh, to access the land, Survey No. 84/2. The respondents intended to construct a new road in Survey No. 84/1. On 17.05.2018, respondent Nos. 1 & 2 threatened to seize possession of the disputed land. No road existed on Survey No. 84/1. Therefore, this suit was filed by the appellants seeking a declaration and permanent injunction that no road ever existed from Survey No. 84/1, an area of 2.223 hectares, to survey No. 84/2.

6. The respondents, have categorically denied the averments of the plaint and have stated that the fathers of the appellants and respondents are real brothers and members of the same family. Survey No. 84/1 and 84/2 were the land of the original Survey No. 84 and after the division of Survey No. 84 between the fathers of the appellants and respondents, the land of Survey No. 84/1 was received by the appellants and the land of Survey No. 84/2 was received by th