IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE GAJENDRA SINGH SECOND APPEAL No. 1309 of 2021 BETWEEN: -

1. SMT. NARBADA BAI W/O RAMESHWAR PRASAD DUBEY (DEAD) THR. LRS MURLIDHAR DUBEY S/O SHRI RAMESHWAR PRASAD DUBEY, AGED ABOUT 52 YEARS, R/O SUBHASH NAGAR GOHALPUR BASTI NO. 1 TEHSIL AND DISTT. JABALPUR M.P.

(MADHYA PRADESH)

a. MURLIDHAR DUBEY S/O SHRI RAMESHWAR PRASAD DUBEY, AGED ABOUT 52 YEARS, R/O SUBHASH NAGAR GOHALPUR BASTI NO.1, TEHSIL AND DISTRICT JABALPUR.

b. MRADUL DUBEY S/O RAMESH PRASDA DUBEY, AGED ABOUT 44 YEARS, VILLAGE HIRAPUR BANDHA NEAR BHEDAGHAT TEHSIL PATAN (MADHYA PRADESH)

2. LAXMI BAI W/O CHANDRA SHEKHAR TIWARI D/O VIDHYASHANKER TIWARI, AGED ABOUT 51 YEARS, OCCUPATION: THROUGH POWER OF ATTORNEY HOLDER RAMESH SHUKLA S/O SHRI NARAYAN PRASAD DR.RAJENDRA PRASAD WARD UPRAINGANJ DIXITPURA (MADHYA PRADESH)

3. SMT. ANITA BAI W/O RAMESH CHANDRA SHUKLA, AGED ABOUT 46 YEARS, OCCUPATION: THROUGH POWER OF ATTORNEY HOLDER RAMESH SHUKLA S/O SHRI NARAYAN PRASAD DR.RAJENDRA PRASAD WARD UPRAINGANJ DIXITPURA (MADHYA PRADESH)

.....APPELLANTS (BY SHRI AMIT VERMA – ADVOCATE FOR APPELLANTS)

AND MAHADEV JI MANDIR LOKNYAAS BANDHAIYAPURA MILONIGANJ JABALPUR THR.

1. SHRI SUDAMA PRAJAPATI S/O LATE MAHESH PRASAD H. NO. 323 SHANTI NAGAR DAMOHNAKA JABALPUR M.P. (MADHYA PRADESH)

2. BHIMMA ALIAS BHIMA PATEL (TRUSTEE) S/O LATE NANDLAL, AGED ABOUT 80 YEARS, BANDHEYA MOHOLLA SHANTINAGAR DAMOHNAKA (MADHYA PRADESH)

3. SHANKARLAL ALIAS SHANKAR PRAJAPATI (TRUSTEE) S/O SONELAL PRAJAPATI IN FRONT OF CHETRIYA BUS STAND DAMOHNAKA (MADHYA PRADESH)

4. PANNALAL PATEL S/O LATE BADKE (TRUSTEE) BEHIND J.D.A. COMPLEX SHANTINAGAR (MADHYA PRADESH)

5. STATE OF MADHYA PRADESH THROUGH COLLECTOR DIST.JABALPUR (MADHYA PRADESH)

6. NAIB TAHSILDAR NAZUL JABALPUR DIST.JABALPUR (MADHYA PRADESH)

7. MANORAM SHUKLA W/O ANNAT KUMAR SHUKLA D/O RAMESHWAR PRASAD DUBEY, AGED ABOUT 57 YEARS, NEAR SANJAY GANDHI MARKET BALDEVBAG MAHATMA GANDHI WARD (MADHYA PRADESH)

8. RAMESHWAR PRASAD DUBEY S/O LATE GOKUL PRASAD, AGED ABOUT 80 YEARS, VILLAGE HIRAPUR BANDHA NEAR BHEDAGHAT TEHSIL PATAN (MADHYA PRADESH)

.....RESPONDENTS (SMT. VIBHA PATHAK – PANEL LAWYER FOR STATE.)

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Reserved on: 11.01.2024 Pronouned on: 16.02.2024 -------------------------------------------------------------------------------------------

This Second Appeal having been heard on admission and reserved for order, coming on for pronouncement on this day, Justice Gajendra Singh pronounced the following:

O R D E R

This Second Appeal under Section 100 of CPC is preferred challenging the judgment and decree dated 22.01.2021 in RCA No.58-A/2015 by IIIrd Additional District Judge, Jabalpur, District Jabalpur arising out of judgment and decree dated 29.07.2013 in RCSA No.138A/2008 by 13th Civil Judge, Class-I, Jabalpur, District-Jabalpur.

2. According to averments in plaint, facts in brief are that disputed property bearing khasra No.153 rakba 3.80 acres, khasra No.104 rakba 0.97, khasra No.119 rakba 0.67 acres and khasra No.120 rakba 0.58 acres total two acres. Patwari Halka No.24/21 Bandobast No.601 is situated in Mauja Gohalpur, Jabalpur. Plaintiff is a registered Public Trust bearing registration No.278. Shri Sudama Prasad Prajapati/respondent No.1 is the care taker. Shri Chetram Patel, Bhimma alias Bhima Patel/respondent No.2, Shankarlal Prajapati alias Shankar Prajapati/respondent No.3 and Pannalal Patel/respondent No.4 were its trustee and the suit was filed through them. It was averred that the trust was in actual possession of the disputed property since 1959. Defendant Nos.1 to 3/appellants had filed an application for correction of revenue record under Section 115 of the M.P. Land Revenue Code, 1959 before defendant No.5 in regard to khasra No.153 rakba 3.80 acres Mauja Gohalpur, Jabalpur. The above land is recorded in the name of Shri Mahadev Ji Mandir Trust, the said name should be deleted and the name of the applicants