IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE ANIL VERMA th ON THE 16 OF FEBRUARY, 2024 SECOND APPEAL No. 1889 of 2021 BETWEEN:-

VASUDEV GUARDIAN LAXMINARAYAN S/O KANHAIYALAL SUTAR, AGED ABOUT 57 YEARS, OCCUPATION: LABOUR R/O MAHAKAVI KALIDAS PATH, BARNAGAR, DISTRICT UJJAIN (MADHYA PRADESH)

.....APPELLANT (BY SHRI BALDEEP SINGH GANDHI - ADVOCATE)

AND

1. KANHAIYALAL S/O LAXMINARAYAN (DECEASED)

THR. LRS.

(a) SHIV NARAYAN S/O LAXMINARAYAN (CORRECT NAME KANHAIYALAL), AGED ABOUT 64 YEARS, R/O PANDHARINATH KUND BARNAGAR, DISTRICT UJJAIN (MADHYA PRADESH)

(b) PRAHLAD S/O KANHAIYALAL, AGED ABOUT 55 Y E A R S , R/O PANDHARINATH KUND, BARNAGAR, DISTRICT UJJAIN (MADHYA PRADESH)

(c) SMT. MUNNIBAI D/O LATE KANHAIYALAL, AGED ABOUT 59 YEARS, R/O VILLAGE BALAGUDHA, TEH. AND DIST. MANDSAUR (MADHYA PRADESH)

(d) SMT. MANJUBAI D/O LATE KANHAIYALAL, AGED ABOUT 57 YEARS, R/O JANAKPURA, MANDSAUR (MADHYA PRADESH)

(e) SMT. KAUSHALYABAI D/O LATE KANHAIYALAL, AGED ABOUT 59 YEARS, R/O MALHARGARH, DISTRICT MANDSAUR (MADHYA PRADESH)

Signature Not Verified Signed by: TRILOK SINGH (f) SMT. GEETABAI W/O MANISH SUTAR, AGED ABOUT 51 YEARS, R/O NEEM CHOWK, AHEAD OF GANDHI CHOWK, MANDSAUR (MADHYA PRADESH)

2. RADHESHYAM S/O LAXMINARAYAN (DECEASED)

THROUGH LRS:-

(i) URMILA W/O VISHNU D/O LATE RADHESHYAM, AGED ABOUT 46 YEARS, OCCUPATION - HOUSEHOLD, R/O - 719, GOVIND COLONY, INDORE (MADHYA PRADESH)

(ii) BASANTI W/O RAJENDRA SHARMA, D/O LATE RADHESHYAM, AGED ABOUT 41 YEARS, OCCUPATION - HOUSEHOLD, R/O - 721, GOVIND COLONY, INDORE (MADHYA PRADESH)

(iii) RADHA W/O RAMESHCHANDRA SHARMA, D/O LATE RADHESHYAM, AGED ABOUT 36 YEARS, OCCUPATION - HOUSEHOLD, R/O - 723, GOVIND COLONY, INDORE (MADHYA PRADESH)

(iv) HARISH S/O LATE NANDKISHORE SHARMA, AGED ABOUT 32 YEARS, OCCUPATION - LABOUR, R/O - VRINDAVAN COLONY, NEAR LAL AKHADA BAGICHA, OPPOSITE TO HOUSE OF JAAM WALI MOUSI, INDORE (MADHYA PRADESH)

3. LEELABAI D/O RANCHHODLAL, AGED ABOUT 60 YEARS, R/O VIDYA ENGINEERING WORKSHOP, MANDI AREA, JAORA, DISTRICT RATLAM (MADHYA PRADESH)

4. AYODHYABAI D/O LAXMINARAYAN (DECEASED)

THR LRS:-

(a) MADANLAL S/O AYODHYABAI, AGED ABOUT 64 YEARS, R/O VRINDAVAN COLONY, INDORE (MADHYA PRADESH)

(b) MOHANLAL S/O AYODHYABAI, AGED ABOUT 66 YEARS, R/O - 4/1 SUDAMA NAGAR, INDORE (MADHYA PRADESH)

(c)NARENDRA KUMAR S/O AYODHYABAI, AGED ABOUT 66 YEARS, R/O 4/1 SUDAMA NAGAR, INDORE (MADHYA PRADESH)

(d) LAXMI BAI MOTHER AYODHYABAI (DECEASED) THR LRS:-(i) MANGLA W/O KRISHNA KUMAR ANTARVEDI, AGED ABOUT 45 YEARS, R/O BEHIND PANDHARINATH MANDIR HARSIDHHI, INDORE (MADHYA PRADESH)

(e) SUSHILA BAI D/O AYODHYABAI DUDHIYA, Signature Not Verified Signed by: TRILOK SINGH TEHSIL AND DISTRICT INDORE (MADHYA PRADESH)

(f) VISHNUKANTA S/O AYODHYABAI, AGED ABOUT 53 YEARS, R/O DADWADA, KOTA (RAJASTHAN)

(g) INDRABAI D/O AYODHYABAI, AGED ABOUT 60 YEARS, R/O DADWADA, KOTA RAJASTHAN (RAJASTHAN)

.....RESPONDENTS This appeal coming on for admission this day, the court passed the following:

JUDGMENT

Heard on admission.

1. The present second appeal under Section 100 of the Code of Civil Procedure, 1908 (in short "CPC") has been preferred against the judgment and decree dated 1.10.2021 passed by the Addl. Judge to the District Judge, Badnagar, District Ujjain (M.P.) in Regular Civil Appeal No.18/2020, whereby affirming the judgment and decree dated 20.9.2016 passed by the 1st Civil Judge, Class-2, Badnagar in Civil Suit No.54A/14, by which the suit filed by the appellant for declaration of title, permanent injunction and possession against the respondents has been dismissed.

2. The facts of the case, in brief, are that the appellant/plaintiff filed a civil suit against the respondents before the trial Court alleging that respondent No.1 is the father of the appellant and other respondents are his relatives and the house No.104 situated in Mahakavi Kalidas Path, Gendabawdi, Badnagar was purchased by his guardian father Laxminarayan from his own income. First marriage of his grand-father Laxminarayan was solemnized with one Ganga Bai and th