IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SUBODH ABHYANKAR th ON THE 24 OF APRIL, 2024 MISC. PETITION No. 6046 of 2019 BETWEEN:-

RAMESH RATHORE S/O KACHRU RATHORE

1. VILLAGE PETLAWAD, TEHSIL PETLAWAD (MADHYA PRADESH)

GOPAL RATHOD S/O LATE KACHRU THROUGH LRS. SMT. AANANDIBAI W/O LATE GOPAL

2. RATHOD R/O: BHAGATSINGH MARG, GANDHI CHAUK PRAHLAD DIST JHABUA (MADHYA PRADESH)

GOPAL RATHOD S/O LATE KACHRU THROUGH LRS. MAHESH S/O LATE GOPAL RATHOD R/O:

3.

BHAGATSINGH MARG, GANDHI CHAUK PRAHLAD DIST JHABUA (MADHYA PRADESH)

GOPAL RATHOD S/O LATE KACHRU THROUGH LRS. UMESH S/O LATE GOPAL RATHOD R/O:

4.

BHAGATSINGH MARG, GANDHI CHAUK PRAHLAD DIST JHABUA (MADHYA PRADESH)

TEJU @ TEJA @ MUKESH S/O KACHRU RATHOD THROUGH LRS. SMT. ANITA W/O LATE TEJU @

5. TEJA @ MUKESH RATHOD R/O: 123 , BHAGATSINGH MARG, GANDHI CHAUK , PETLAVAD DIST JHABUA (MADHYA PRADESH)

TEJU @ TEJA @ MUKESH S/O KACHRU RATHOD THROUGH LRS. SANDEEP S/O TEJU@ TEJA @

6. MUKESH RATHOD R/O: 123 , BHAGATSINGH MARG, GANDHI CHAUK , PETLAVAD DIST JHABUA (MADHYA PRADESH)

TEJU @ TEJA @ MUKESH S/O KACHRU RATHOD THROUGH LRS. BHUPENDRA S/O TEJU@ TEJA @

7. MUKESH RATHOD R/O: 123 , BHAGATSINGH MARG, GANDHI CHAUK , PETLAVAD DIST JHABUA (MADHYA PRADESH)

.....PETITIONERS (BY SHRI BRIJESH GARG, ADVOCATE)

Signature Not Verified AND KANHAIYA S/O LATE SHANKARLAL RATHORE

1. VILLAGE PETLAWAD, TEHSIL PETLAWAD, (MADHYA PRADESH)

HARDEV S/O LATE NANDLAL RATHROE THRU. LRS. RANU S/O LATE HARDEV, AGED ABOUT 35

2.

YEARS, GRAM PETLAWAD TEHSIL PETLAWAD DSIT. JHABUA (MADHYA PRADESH)

GORELAL @ PYARELAL S/O LATE SHANKARLAL RATHOD THROUGH LRS. BHERU

3. S/O GORELAL @ PYARELAL RATHOD R/O:

GRAM PETLAVAD TEHSHIL PETLAVAD DIST JHABUA (MADHYA PRADESH)

GORELAL @ PYARELAL S/O LATE SHANKARLAL RATHOD THROUGH LRS. SMT. SANTIBAI W/O

4. GORELAL @ PYARELAL R/O: GRAM PETLAVAD TEHSHIL PETLAVAD DIST JHABUA (MADHYA PRADESH)

GORELAL @ PYARELAL S/O LATE SHANKARLAL RATHOD THROUGH LRS. GUDDI D/O GORELAL

5.

@ PYARELAL R/O: GRAM PETLAVAD TEHSHIL PETLAVAD DIST JHABUA (MADHYA PRADESH)

GORELAL @ PYARELAL S/O LATE SHANKARLAL RATHOD THROUGH LRS. SMT. SUSHILA S/O

6. GORELAL @ PYARELAL R/O: GRAM PETLAVAD TEHSHIL PETLAVAD DIST JHABUA (MADHYA PRADESH)

GORELAL @ PYARELAL S/O LATE SHANKARLAL RATHOD THROUGH LRS.

7. JHAMMUBAI W/O KANHAIYA RATHOD R/O:

GRAM PETLAVAD TEHSHIL PETLAVAD DIST JHABUA (MADHYA PRADESH)

RAJU S/O LATE NANDLAL RATHOD R/O : GRAM

8. PETLAVAD TEHSIL PETLAVAD DIST JHABUA (MADHYA PRADESH)

SMT. LACHHIBAI W/O LATE NANDLAL RATHOD

9. R/O : GRAM PETLAVAD TEHSIL PETLAVAD DIST JHABUA (MADHYA PRADESH)

HARDEV S/O LATE NANDLAL RATHROE THRU. LRS. BUNTY @ LOKESH S/O LAE HARDEV

10. RATHOD, AGED ABOUT 38 YEARS, GRAM PETLAWAD TEHSIL PETLAWAD DSIT. JHABUA (MADHYA PRADESH)

HARDEV S/O LATE NANDLAL RATHROE THRU.

11. LRS. NILESH S/O LATE HARDEV RATHOD, AGED ABOUT 32 YEARS, GRAM PETLAWAD TEHSIL Signature Not Verified PETLAWAD DSIT. JHABUA (MADHYA PRADESH)

HARDEV S/O LATE NANDLAL RATHROE THRU. LRS. GIRJABAI W/O LATE HARDEV RATHOD, 12. AGED ABOUT 55 YEARS, GRAM PETLAWAD TEHSIL PETLAWAD DSIT. JHABUA (MADHYA PRADESH)

.....RESPONDENTS (SHRI SHAILENDRA SHRIVASTAVA, ADVOCATE FOR RESPONDENTS NO.2, 4 AND 5)

This petition coming on for final hearing this day, the court passed the following:

ORDER

1] This misc. petition has been filed by the petitioners under Article 227 of the Constitution of India against the order dated 14/06/2019, passed in revision No.4741/2018 by the Board of Revenue, Gwalior whereby the order passed by the Divisional Commissioner, Indore dated 23/06/2018 has been affirmed.

2] In brief, the facts of the case are that the petitioners and the respondents belong to the same family, and a dispute is going on between them in respect of the ancestral property situated at village Khoriya, Tehsil Petlawad, District Jhabua (M.P.), admeasuring 9.180 hectare. In respect of the aforesaid dispute, a civil suit was also filed by the predecessor of the present petitioners which was finally decided on 20/09/2012, and it was directed that the plaintiffs and the defendants shall