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2025 Supreme(Online)(MP) 2296

HIGH COURT OF MADHYA PRADESH
G. S. AHLUWALIA, J
SANTOSH RAGHUWANSHI AND OTHERS – Appellant
Versus
RAJESH SINGH AND OTHERS – Respondent


Advocates:
For the Appellants/Petitioners: Shri Ashish Gupta
For the Respondents: Shri Ram Krishna Upadhyaya

Table of Content
1. factual background of the dispute regarding land ownership. (Para 2 , 3 , 4 , 5)
2. jurisdiction and findings on oral partition supported by evidence. (Para 10 , 11 , 12)
3. final ruling affirming lower court's decisions on the appeal. (Para 15 , 18 , 19)

ORDER

This Second Appeal, under Section 100 of CPC, has been filed against judgment and decree dated 09.03.2022 passed by II Additional Judge to the Court of I District Judge, Basoda, District Vidisha (M.P.) in RCA No.100009/2016 arising out of the judgment and decree dated 10.12.2015 passed by II Civil Judge Class- I, Ganjbasoda, District Vidisha (M.P.) in RCSA No.97/2015.

2. The present appeal has been filed by the plaintiffs who have lost their case from both the courts below.

3. Plaintiffs filed a suit for declaration of title and permanent injunction pleading inter alia that Neelam Singh Raghuvanshi was the father of plaintiffs No.1 to 5 and husband of plaintiff no.6. He had 1/2 share in lands situated in village Bhiyakhedi and in village Nateran. Father of plaintiffs No.1 to 5 filed an application for partition of lands situated in village Bhiyakhedi and Nateran which was registered as Case No./A27/119/10. It w

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