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2024 Supreme(Online)(MP) 55649

HIGH COURT OF MADHYA PRADESH
Sujan Singh – Appellant
Versus
Ram Prasad – Respondent


Advocates:
Suresh Agrawal,Advocate General

JUDGEMENT

This second appeal under Section 100 of CPC is directed against the judgment and decree dated 05.08.2023 passed by Additional District Judge, Pichhor, District Shivpuri in RCA No.08/2019 whereby the judgment and decree dated 29.01.2019 passed by learned Civil Judge Class-I, Pichhor, District Shivpuri in RCS A No.20-A/2014 was upheld. Appellants who were plaintiffs before learned trial Court had filed civil suit claiming declaration of title and permanent injunction against the respondents/defendants on the disputed land bearing survey no.2038 area 0.31 hectare, survey no.2040 area 0.07 hectare, survey no.2041 area 0.10 hectare, survey no.2908 area 0.16 hectare and survey no.2909 area 0.34 hectare situated in village Kacchaua Tehsil Pichhor, District Shivpuri. It is not in dispute that earlier title holder of the disputed land was Karanju s/o Madhu Lodhi who in his life time on 26.06.1962 sold half of the land of survey nos.1193/1 to 1193/4 to Ramratan and Partap both sons of Sardar Lodhi and for half of the land Karanju continued to be owner and possession holder during his life time. As per appellants, Rani widow of Karanju became sole owner of the disputed land after d

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