IN THE HIGH COURT OF MADHYA PRADESH AT INDORE SA No. 281 of 2014 (NARBAD SINGH THRU. LRS SHIVNARAYAN AND OTHERS Vs JAGDISH AND OTHERS )

Dated : 13-11-2024 Shri V.K. Jain, learned Senior Counsel with Shri Divyansh Luniya for the appellant.

Shri Sachin Subnis, learned counsel for the respondent [R-1].

Shri Kaivalya Ratnaparkhe, learned counsel for the respondent [R-10]. Heard on IA No.359/23 which is filed by the appellants seeking dismissal of the suit filed by the respondent No.1 Jagdish and consequently to set aside the judgments and decrees passed by the trial court and modified by the first appellate court.

2. Facts in brief are that respondent No.1/plaintiff No.1 Jagdish filed a civil suit against Narbad Singh/appellant and Ramkaliai/respondent no.2 for declaration of title, partition, recovery of possession, mesne profit and permanent injunction claiming 2/3rd of half of survey nos.968, 969, 970, 971, total area 4.798 hectares situated at village Akodiya, Tahsil Shujalpur, district Shajapur. The suit was contested and trial court passed the decree in favour of plaintiff to the extent of only 1/3rd of half of the disputed property and decree was challenged by the defendant no.1 thr