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2024 Supreme(Online)(MP) 16721

HIGH COURT OF MADHYA PRADESH
Ramnarain Mali – Appellant
Versus
Nagarpalika Nagar Panchayat – Respondent


Advocates:
Tn.Singh,Ku. Hemlata Gupta /,Bk.,H.Joshi,R.Shukla,S.Verma

JUDGMENT

The appellants/plaintiffs have filed this Second Appeal against the following judgments and decrees;(i) Judgment and decree dated 22.02.2002 passed in Civil SuitNo.144-A/1997 by Civil Judge Class-I, Khilchipur, District Rajgarh.(ii) Judgment and decree dated 02.07.2003 passed in RegularCivil Appeal No.32-A/2002 by Additional Judge, Rajgarh (Biora). Parties to the appeal are referred with their ranks as assigned in the Trial Court for the sake of convenience. [2] The plaintiffs filed Civil Suit for possession of the landP.H.No.59, Survey No.1131 area 0.024 hectare situated at Village Khilchipur (hereinafter called as ‘ Suit Property’) from the possessionof Nagar Palika Nagar Panchayat Khilchipur/defendant No.1. -3- According to the plaintiffs, father of plaintiff Nos. 1 to 4 and husband of plaintiff No.5 was owner of the suit property and after his death, their names were mutated in the revenue records. Due to ignorance of the plaintiffs, the defendants constructed structure on the some part of the suit property, the remaining land remained in possession of the plaintiffs, therefore defendants be directed to remove and hand over the possession to the plaintiffs.

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