IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE VIVEK RUSIA nd ON THE 2 OF NOVEMBER, 2023 MISC. PETITION No. 165 of 2023 BETWEEN:-

1. SATYANARAYAN S/O NATHUSINGH, AGED: 44 YEARS, OCCUPATION: AGRICULTURIST, R/O: MANASA, TEHSIL NALKHEDA, DISTRICT AGAR MALWA (MADHYA PRADESH)

2. NATHUSINGH S/O ONKARLALJI, AGED: 73 YEARS, OCCUPATION: AGRICULTURIST, R/O: MANASA, TEHSIL NALKHEDA, DISTRICT AGAR MALWA (MADHYA PRADESH)

.....PETITIONERS (BY SHRI MOHAN SHARMA - ADVOCATE.)

AND

1. MAANSINGH S/O KALUSINGH (DECEASED)

THROUGH LEGAL HEIRS: -

A. ANANDBAI D/O MAANSINGH (W/O UMRAOSINGH), R/O: CHHAYAN, TEHSIL BAROD, DISTRICT AGAR (MADHYA PRADESH)

B. KRISHNABAI D/O MAANSINGH (W/O SATYANARAYAN), R/O: SARKHEDI, TEHSIL PIDAVA, DISTRICT JHALAWAD (RAJASTHAN)

C. MUNNABAI D/O MAANSINGH (W/O HUKAMSINGH), R/O: BIJNAKHEDI, TEHSIL MOMEN BADODIYA, DISTRICT SHAJAPUR (MADHYA PRADESH)

2. DEVSINGH S/O MAANSINGH, AGED: 53 YEARS, R/O: MANASA, TEHSIL NALKHEDA, DISTRICT AGAR MALWA (MADHYA PRADESH)

3. RADHESHYAM S/O MAANSINGH, AGED: 50 YEARS, R/O: MANASA, TEHSIL NALKHEDA, DISTRICT AGAR MALWA (MADHYA PRADESH)

4. DILIP S/O DEVISINGH, AGED: 29 YEARS, R/O:

MANASA, TEHSIL NALKHEDA, DISTRICT AGAR Signature Not Verified Signed by: RAMESH MALWA (MADHYA PRADESH)

5. PRADHAN S/O DEVISINGH, AGED: 26 YEARS, R/O:

MANASA, TEHSIL NALKHEDA, DISTRICT AGAR MALWA (MADHYA PRADESH)

6. MANOHAR S/O RADHESHYAM, AGED: 25 YEARS, R/O: MANASA, TEHSIL NALKHEDA, DISTRICT AGAR MALWA (MADHYA PRADESH)

7. THE STATE OF MADHYA PRADESH, THROUGH COLLECTOR, DISTRICT AGAR MALWA (MADHYA PRADESH)

.....RESPONDENTS (RESPONDENTS NO.1 TO 3 BY SHRI NITIN SINGH BHATI - ADVOCATE.)

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

ORDER

The petitioners – plaintiffs have filed this petition under Article 227 of the Constitution of India against (i) order dated 23.02.2021 (Annexure P/5) passed in Regular Civil Suit bearing registration number RCSA No.49-A of 2019 by Additional Judge, Tehsil Nalkheda, District Shajapur to the Court of Civil Judge, Class-I, Shajapur, District Shajapur (M.P.), whereby an application filed by plaintiffs under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 (herein after referred to as the Code) for temporary injunction was rejected; and (ii) judgment dated 16.07.2022 (Annexure P/7) passed in Miscellaneous Civil Appeal bearing registration number MCA No.03 of 2021, whereby learned District Judge, Susner, District Shajapur (M.P.) has dismissed the miscellaneous appeal preferred by the plaintiffs.

2. In short, the facts of the case are that the plaintiffs – petitioners are son Signature Not Verified Signed by: RAMESH and father have filed a civil suit for declaration and permanent injunction in respect of suit property i.e. land bearing Survey No.638 (before settlement, Old Survey No.543) area 1.600 hectares, situated at Village Manasa, Tehsil Nalkheda, District Agar Malwa (M.P.) (herein after referred to as "the suit land").

3. According to the plaintiffs, they are the owner of suit land. Defendant Maassingh, (now dead) represented through legal heirs, was uncle of plaintiff No.1. Defendants No.1 to 6 are the legal heirs of late Maansingh. Land bearing Survey No.498 area 1.480 hectares, situated at Village Manasa, Tehsil Nalkheda, District Agar Malwa (M.P.) was recorded in the revenue records in the name of plaintiff No.2 Nathusingh S/o Onkarlal i.e. father of plaintiff No.1; and land bearing Survey No.543 area 1.547 hectares, situated at Village Manasa, Tehsil Nalkheda, District Agar Malwa (M.P.) i.e. the suit land was recorded in the revenue records in the name of Late Maansingh, but because of family partition, the plaintiff remained in possession of land bearing Survey No.638 area 1.600 hectares i.e. the suit land, situated at Village Manasa, Tehsil Nalkheda, District Agar Malwa (M.P.) and defendant remained in possession of land Survey No.498, area 1.480 hectare, in possession of deceased Maansingh.

4. Since plaintiffs were