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2025 Supreme(Online)(MP) 2851

HIGH COURT OF MADHYA PRADESH
SHRI JUSTICE G. S. AHLUWALIA, J
Hakim Singh – Appellant
Versus
Smt. Meerabai – Respondent


Advocates:
Vikas Singhal,Advocate General

JUDGMENT

This Second Appeal, under Section 100 of CPC, has been filed against the judgment and decree dated 09.11.2023 passed by Additional Judge to the Court of I Additional District Judge, Gohad, District Bhind (M.P.) in RCA No.02/2021 as well as judgment and decree dated 12.03.2021 passed by Civil Judge Class -I, Gohad, District Bhind (M.P.) in RCS No.400060-A/2016.

2. Appellant is the defendant who has lost his case from both the courts below. Plaintiff is the sister of defendants No.2 and 3 and was the daughter of defendant No.1 who died during pendency of the suit. Other defendants are the legal representatives of Bholaram Jatav and Prakash who were brothers of plaintiff.

3. The facts necessary for disposal of present appeal, in short, are that the plaintiff filed a suit for declaration of title and permanent injunction in respect of Survey No.393, 405, 406, 407, 449, 453, 456, 464, 496, 503, 516, 530, 540, 541, 552, 564, 572, 598, 601, 614, 1223 and 459/1462 situated in Mouja Chamhedi, Pargana Gohad, District Bhind. It is the case of plaintiff that the aforesaid land was the coparcenary property and therefore, plaintiff was also having share from her birth. Her father Hargovin

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