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2024 Supreme(Online)(MP) 28412

HIGH COURT OF MADHYA PRADESH
Ramavatar – Appellant
Versus
Lakhan – Respondent


Advocates:
Jaideep Sirpurkar,

ORDER

This second appeal has been preferred by the appellants/defendants 1-10 & 12 challenging judgment & decree dtd.

20.06.2022 passed by District Judge Chaurai, District Chhindwara in Regular Civil Appeal No.81/2020 reversing judgment & decree dtd. 15.11.2016 passed by Civil Judge Class-II, Link Court Chaurai, District Chhindwara in Civil Suit No. 144A/2013, whereby trial Court even after holding the plaintiffs to be bhoomiswami of the land in question dismissed the suit on the ground of limitation and in appeal filed by plaintiffs, first appellate Court has decreed the suit reversing the finding on the question of limitation.

2. Learned counsel for the appellants/defendants submits that land in question belonged to Anokhi Bai and she executed gift deed in favour of Nawal Kishore (whose LRs are the defendants/appellants), he being nephew of Anokhi Bai and on that basis name of Nawal Kishore (Nand Kishore) was recorded in the revenue papers in the year 1975 vide order dtd. 29.07.1975 (Ex.D/5) and upon filing appeal by the plaintiffs order dtd. 29.07.1975 was affirmed but the civil suit in question has been instituted on 10.04.2013, which is clearly barred by time and



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