IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE VIVEK RUSIA st ON THE 21 OF FEBRUARY, 2024 MISC. PETITION No. 662 of 2023 BETWEEN:-

1. RAJESH KASERA S/O SHRI NANDLAL JI KASERA, AGED ABOUT 52 YEARS, OCCUPATION: LABOUR 29 RAMGHAT MARG GALI NO. 02 DISTRICT UJJAIN (MADHYA PRADESH)

2. UMESH KASERA S/O SHRI NANDLAL JI KASERA, AGED ABOUT 42 YEARS, OCCUPATION: LABOUR 29 RAMGHAT MARG GALI NO. 2, UJJAIN (MADHYA PRADESH)

3. KRISHNABAI W/O SHRI CHANRAPRAKASH SHARMA, AGED ABOUT 65 YEARS, OCCUPATION: HOUSEWORK 30 RAMGHAT MARG, GALI NO. 2, UJJAIN (MADHYA PRADESH)

4. AJIJ RAHMAN @ BHAYYU BHAI S/O ABDULAGNI SHEIKH OCCUPATION: LABOUR 29, RAMGHAT MARG GALI NO. 2, UJJAIN (MADHYA PRADESH)

.....PETITIONER (SHRI MANISH MANANA, LEARNED COUNSEL FOR THE PETITIONERS.)

AND

1. SIRVI KSHTRIYA SAMAJ TRUST M.P. SHRI I.G.

YOGMAYA NAVDURGA MANDIR 3 RAMGHAT UJJAIN DWARA ADHYAKSH SHANKARLAL S/O GANPAT, AGED ABOUT 58 YEARS, OCCUPATION: AGRICULTURIST BHAWANIKHEDA, PARGANA, BADNAWAR DISTRICT DHAR (MADHYA PRADESH)

2. ADITYA S/O MADHAVRAV CHITNIS, AGED ABOUT

59 YEARS, OCCUPATION: AGRICULTURE GRAM CHINTAMAN, JAVASIYA, TEH. AND DISTT. UJJAIN (MADHYA PRADESH)

3. M.P. SHASAN THROUGH DIJADHISH KOTHI PALACE, UJJAIN (MADHYA PRADESH)

.....RESPONDENTS (SHRI RAJENDRA KUMAR SAMDANI, LEARNED COUNSEL FOR THE RESPONDENT NO.2.)

(SHRI RAJWARDHAN GAWDE, LEARNED PANEL LAWYER FOR THE RESPONDENT/STATE.)

MISC. PETITION No. 712 of 2023 BETWEEN:-

JUNA GUJARATI LOHAR VISHWAKARMA SAMAJ SEVA SAMITI THROUGH SECRETARY SHANKARLAL S/O LATE SHRI NATHULAL SOLANKI, AGED ABOUT 64 YEARS, OCCUPATION: AGRICULTURE R/O H.NO. 12, RAMGAHT MARG KARTIK CHOWK UJJAIN (MADHYA PRADESH)

.....PETITIONER (SHRI AYUSHYAMAN CHOUDHARY, LEARNED COUNSEL FOR THE PETITIONER.)

AND

1. ADITYA S/O MADHAVRAO CHITNIS, AGED ABOUT

61 YEARS, OCCUPATION: AGRICULTURE R/O VILALGE CHINTAMAN JAWASIA DISTT. UJJAIN (MADHYA PRADESH)

2. SIRVI KSHATRIYA SAMAJ TRUST THROUGH SHANKARLAL S/O GANPAT, AGED ABOUT 65 YEARS, OCCUPATION: AGRICULTURIST BHAVANI KHED BADNAWAR DISTRICT DHAR (MADHYA PRADESH)

3. MADHYA PRADESH GOVERNMENT THROUGH COLLECTOR UJJAIN (MADHYA PRADESH)

.....RESPONDENTS (SHRI RAJENDRA KUMAR SAMDANI, LEARNED COUNSEL FOR RESPONDENT NO.1.)

(SHRI RAJWARDHAN GAWDE, LEARNED PANEL LAWYER FOR THE RESPONDENT/STATE.)

MISC. PETITION No. 763 of 2023 BETWEEN:-

MUKESH SINGARIYA S/O SHRI GOVIND DAS SINGARIYA, AGED ABOUT 48 YEARS, R/O 25/2 RAMGHAT MARG GALI NO. 2 UJJAIN (MADHYA PRADESH)

.....PETITIONER (NONE FOR THE PETITIONER.)

AND

1. ADITYA CHITNIS S/O SHRI MADHA RAO CHITNIS, AGED ABOUT 59 YEARS, R/O VILLAGE CHINTAMAN JAWASIA DISTT. UJJAIN (MADHYA PRADESH)

2. SHIRVI KSHTRIY SAMAJ TRUST M.P. SH. I G YOGMAYA NAV DURGA MANDIR RAMGHAT UJJAIN THROUGH SHANKAR LAL S/O SHRI GANPAT, AGED ABOUT 58 YEARS, BHAVANI KHEDA, PARGANGA BADNAVAR, DISTRICT DHAR (MADHYA PRADESH)

3. STATE OF M.P. THROUGH DISTRICT COLLECTOR DISTRICT UJJAIN, KOTHI PALACE, UJJAIN (MADHYA PRADESH)

.....RESPONDENTS (SHRI RAJENDRA KUMAR SAMDANI, LEARNED COUNSEL FOR RESPONDENT NO.1.)

(SHRI RAJWARDHAN GAWDE, LEARNED PANEL LAWYER FOR THE RESPONDENT/STATE.)

These petitions coming on for hearing this day, the court passed the following:

ORDER

01. The petitioners have filed the present petitions challenging the order dated 19.1.2023 whereby the learned Executing Court has refused to grant interim protection to them and directed to handover the vacant possession of their houses to the decree-holder.

02. The decree-holder - Aditya Chitnis filed civil suit No.12A/2010 before the Civil Judge, Class-II against Sirvi Kshatriya Samaj Trust claiming himself to be an owner of the land bearing Survey No. 2447 area 0.376 Hect. situated at Patwari Halka No.24, Ujjain. According to the plaintiff, Sirvi Kshatriya Samaj Trust fraudulently obtained the ex-parte judgment and decree dated 7.3.2003 and the same is liable to be declared as void. In the plaint, the plaintiff pleaded that the suit land is an open land protected by fencing and trees and his ancestral house is there on the land. The suit was contested by the Sir