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2024 Supreme(Online)(MP) 55481

HIGH COURT OF MADHYA PRADESH
Kamla Prasad – Appellant
Versus
The State Of Madhya Pradesh – Respondent


Advocates:
Pushpendra Dubey,

JUDGEMENT

Heard on the question of admission.

2. By this common judgment S.A.No. 1376/2020 and 1007/2020 are being disposed of simultaneously.

3. These Second appeals under Section 100 of Civil Procedure Code (for brevity, CPC) have been filed by the appellants (hereinafter referred to as “plaintiffs”) against the respondents (hereinafter referred to as “defendants”) being aggrieved by the impugned judgment and decree dated 12/2/2020 passed by the 4th Additional District Judge, Waidhan, Distt. Singrauli in RCA No. 151/2013 and 89A/2013 affirming the Judgment and decree dated 13/3/2012 passed by Civil Judge, Class – I, Waidhan, Distt. Singrauli in Civil Suit No. (Old 25A/2006 and New 41A/2010).

4. It is submitted by the learned counsel for the appellants that they have been in continuous possession of the disputed land for more than 40 years prior to filing of the suit. Appellants by virtue of their possession over the aforesaid land attained the status of gair hakdar kastkar. Earlier original plaintiff Ramdayal was in possession of the land and thereafter, the names of the plaintiffs were being recorded showing in possession of the suit land. By virtue of provisions of

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