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2025 Supreme(Online)(MP) 2598

HIGH COURT OF MADHYA PRADESH
Milind Ramesh Phadke, J
Ramdayal – Appellant
Versus
Santosh – Respondent


Advocates:
Hardayesh Kumar Shukla,Advocate General

ORDER

The present petition, under Article 227 of the Constitution of India , has been filed by the petitioners against the order dated 06.12.2024 passed by First Civil Judge, Senior Division, Khaniyadana, District Shivpuri in Civil Suit No.46-A/2023; whereby, an application under Order 7 Rule 14(3) alongwith Section 151 of CPC filed by the plaintiffs/petitioners has been dismissed. Assailing the said order to be illegal, arbitrary and without jurisdiction, the present petition has been filed.

2. Brief facts of the case are that the present petitioners/plaintiffs had filed a suit for declaration of title and permanent injunction with regard to agricultural land situated at Village Salaiya Khurd, Tahsil Khaniyadana, District Shivpuri alleging therein that after the death of Ghokabi, Ghansiya Puniram sold the land in question to Saraswati Bai through a registered sale deed on 01.01.1989 and the plaintiffs/petitioners, who are adopted sons of Ghansiya Puniram, had inherited the land after her death, thus, they are owners of the land in question. The defendants without having any right and title over the disputed property, had obstructed them from cultivating the land. When the plaintif

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