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2024 Supreme(Online)(MP) 54313

HIGH COURT OF MADHYA PRADESH
Balchandra S/O Dayaram Deceased Thr. Lrs. Shantibai – Appellant
Versus
The State Of Madhya Pradesh – Respondent


Advocates:
Vijay Prabhakar Saraf,Advocate General

ORDER

The present second appeal has been preferred by the appellants under Section 100 of Code of Civil Procedure, 1908 (in short, 'CPC') being aggrieved by the impugned judgment and decree dated 17/08/2022 passed by District Judge, Susner, District Shajapur (M.P.) in RCA No.26/2017, whereby the learned First Appellate Court has affirmed the judgment and decree dated 12/07/2017 passed by Additional Civil Judge, Class-I, Susner, District Shajapur (M.P.) in Civil Suit No.02-A/2014 filed by the appellants / plaintiffs for declaration of title and permanent injunction, which has been declined by both the Courts below.

02. The brief facts of the case are that appellants / plaintiffs have filed a civil suit for declaration and consequential relief of permanent injunction against the respondent in respect of agricultural lands bearing survey No.181 and 168 admeasuring 0.20 and 0.11 hectares situated at Village Khoriya, Tehsil Soyakalan, District Agar Malwa by stating that plaintiff is in possession since ancestors and on account of trespass of the disputed land the Tehsildar issued a show cause notice, which has been duly replied by the plaintiff and further by stating that he has acquire



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