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2022 Supreme(Online)(MP) 8761

HIGH COURT OF MADHYA PRADESH
SMT. ANJULI PALO, J
MOHAMMAD SULEMAN S/O MOHAMMAD USMAN – Appellant
Versus
VISHAMBHARDAS RAJDEV S/O SUNDERDAS – Respondent


Advocates:
For the Appellants/Petitioners: SHRI M. SHAFIQULLAH
For the Respondents: SHRI AVINASH ZARGAR, SHRI SHAMIM AHMED KHAN, SHRI ADITYA AHIWASI, SHRI HARPREET SINGH RUPRAH

ORDER

I.A. Nos.1969/2021 and 10892/2018 are applications for taking documents on record. The documents, which are sought to be brought on record, are relevant and necessary for proper adjudication of the case. Hence, aforesaid interlocutory applications are allowed. The documents are taken on record.

2. This Civil Revision under Section 83 (9) of the Madhya Pradesh Wakf Act has been filed by the applicants challenging order dated 02.08.2018 passed by the Madhya Pradesh Wakf Tribunal, Bhopal in Case No.112/2015, whereby their application under Order 39 Rules 1 & 2 of C.P.C. has been dismissed.

3. The applicants, as plaintiffs, filed a civil suit against the respondents in respect of graveyard land stating that the respondents are illegally raising construction and have sold out certain portion of the land. Therefore, it be declared that the sale deeds executed by respondents in respect of said lands are null and void and the illegal construction so raised over the suit property be demolished. The aforesaid civil suit was registered as Case No.112/2015.

4. Along with the civil suit, the applicants also filed an application under order 39 Rules 1 & 2 read with 151 C.P.C. stating that du

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