IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI ON THE

13th OF MARCH, 2024 CIVIL REVISION No. 196 of 2020 BETWEEN:-

1. VENISHANKAR UPADHYAY (DEAD)

(i) SHRI NAVAL KISHOR UPADHYAY S/O LATE SHRI VENISHANKAR UPADHYAY, AGED ABOUT 50 YEARS, OCCUPATION: ADV. WARD NO. 5 ,NEAR BUS STAND , SEHORA DIST. JABALPUR (MADHYA PRADESH)

(ii) PAWAN UPADHYAY S/O LATE SHRI VENISHANKAR UPADHYAY, AGED ABOUT 40 YEARS, OCCUPATION: BUSINESS, WARD NO.5, NEAR BUS STAND, SEHORA DIST. JABALPUR (MADHYA PRADESH)

(iii) KU. ANJNA D/O LATE SHRI VENISHANKAR UPADHYAY, AGED ABOUT 42 YEARS, WARD NO.5, NEAR BUS STAND, SEHORA DIST. JABALPUR (MADHYA PRADESH)

(iv) SMT. ILA D/O LATE SHRI VENISHANKAR UPADHYAY, W/O SHRI SUDHIR CHOUBEY, AGED ABOUT 48 YEARS, OCCUPATION: HOUSE WIFE RAMNAGAR, MAJOULI, DIST. JABALPUR (MADHYA PRADESH)

Signature Not Verified Signed by: MONIKA (v) SMT. VANDANA D/O LATE SHRI VEHISHANKAR UPADHYAYA W/O SHRI AJAY SHARAMA, AGED ABOUT 46 YEARS, OCCUPATION: HOUSE WIFE C/O NATRAJ GAS AGENCY, TENDULHEDA DIST. NARSINGHPUR (MADHYA PRADESH)

.....APPLICANTS (BY SHRI SANJAY K. AGRAWAL – SENIOR COUNSEL ALONG WITH MS.N.

AGRAWAL - ADVOCATE)

AND

1. JITENDRA SONI S/O LATE BABULAL SONI, AGED ABOUT 52 YEARS, OCCUPATION: AGRICULTURE WARD NO. 10 TIKONA HAR SAGAR ROAD RAHLI TEH. RAHLI DIST. SAGAR (MADHYA PRADESH)

2. DHARMENDRA SONI S/O LATE BABULAL SONI, AGED ABOUT 49 YEARS, OCCUPATION: AGRICULTURE WARD NO. 10 TIKONA HAR SAGAR ROAD RAHLI TAH. RAHLI (MADHYA PRADESH)

3. SHELENDRA SONI S/O LATE BABULAL SONI, AGED ABOUT 46 YEARS, OCCUPATION: AGRICULTURE WARD NO. 10 TIKONA HAR SAGAR ROAD RAHLI TAH. RAHLI (MADHYA PRADESH)

4. STATE OF M.P. THR.

COLLECTOR DISTT. SAGAR (MADHYA PRADESH)

.....RESPONDENTS (SHRI GREESHMA JAIN – ADVOCATE FOR THE RESPONDENT NO.1 AND SHRI SOMESH GUPTA – PANEL LAWYER FOR THE STATE)

Signature Not Verified Signed by: MONIKA This revision coming on for hearing this day, the court passed the following:

ORDER

Heard.

2. This Civil Revision has been filed by the applicant (defendant no.1) being aggrieved by impugned order dated 17/8/2020 passed by Civil Judge- II Rahli, Distt. Sagar in Civil Suit No.14A/2020, whereby application has been dismissed under Order 7 Rule 11(a) and (d) of CPC filed by the applicant.

3. The relevant fact, to decide the civil revision, in brief, are that the applicant purchased suit property on 16/4/1972 from Smt. Dropati Bai. At the time of purchase, mother of non-applicants (plaintiffs) namely Siyarani was allowed to stay at the suit property by the applicant as Choukidar to take care of land. In the year 1993 mother of non-applicants namely Late Siyarani moved an application before the concerned Court of Tehsildar for recording her name on the basis of possession which was allowed by the order dated 20/5/1993 by Tehsildar Rehli. Applicant preferred an appeal against such order before the Court of Sub Divisional Officer (R) Rehli which was dismissed by the order dated 27/10/2010 on the ground of delay.

Signature Not Verified Signed by: MONIKA The applicant preferred second appeal against the said order before the Additional Commissioner Sagar which was allowed by the order dt.17.12.2012, whereby, earlier order of the SDO was set aside and matter was remanded back to the first appellate court. But, the non-applicants preferred revision before the Board of Revenue, Gwalior against the said order dt.27.12.2012 which was allowed by the order dt.15/7/2013, by which, the Board of Revenue affirmed the order of the SDO. Against the said order of the Board of Revenue, the applicant preferred a W.P.No.20898/2013 before the Hon’ble High Court, which was allowed on merits by the Order dt.19.03.2020. Whereby, the application as well as original order dt.20.05.1993 has been set aside and further, the Hon’ble Court directed to the revenue authority to restore the earlier position and record the name of the applicant in revenue record as the owner of the property.

4. Being aggrieved with said order of Hon’ble High Court non-