IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK AGARWAL ON THE 5^th OF SEPTEMBER, 2022 MISC. APPEAL No. 697 of 2015 BETWEEN:-

1. UPENDRA S/O LATE SHRI TRIVENI PRASAD, AGED ABOUT 56 YEARS, VILL. DHAPSA TEH. DEOSAR DISTT. SINGRAULI (MADHYA PRADESH)

2. BHUPENDRA S/O LATE SHRI TRIVENI PRASAD, AGED ABOUT 45 YEARS, VILLAGE HAPSA, TEHSIL DEOSAR (MADHYA PRADESH)

3. RAMAYAN PRASAD S/O SHRI MUKUTDHARIRAM BRAHMIN, AGED ABOUT 56 YEARS, VILLAGE DHAPSA, TEHSIL DEOSAR (MADHYA PRADESH)

4. MST. SHANTI W/O SHRI VINAYAK PRASAD, AGED ABOUT 55 YEARS, VILLAGE DHAPSA, TEHSIL DEOSAR (MADHYA PRADESH)

.....APPELLANT (BY SHRI ABHISHEK GULATEE, ADVOCATE)

AND

1. RAGHUVEERMANI S/O SHRI RAMDHARIRAM BRAHMIN, AGED ABOUT 65 YEARS, VILL.

DEVRIYA P.S. DEVRIYA TEH. DEVRIYA DISTT.

DEVRIYA U.P. (UTTAR PRADESH)

2. KRIPANAND S/O SHRI PARAMHANSH TIWARI, AGED ABOUT 40 YEARS, VILLAGE DEVRIYA, POLICE STATION DEVRIYA (UTTAR PRADESH)

3. ASHOK KUMAR S/O SHRI PARAMHANSH TIWARI, AGED ABOUT 36 YEARS, VILLAGE DEVRIYA, POLICE STATION DEVRIYA (UTTAR PRADESH)

Signature Not Verified SAN

4. VINOD KUMAR S/O SHRI PARAMHANS TIWARI, D D i a g t i e ta : l 2 ly 0 s 2 i 2 g . n 0 e 9 d .2 b 0 y 1 V 9 A :4 I 5 B : H 58 A V IS Y T EOLEKAR AGED ABOUT 34 YEARS, VILLAGE DEVRIYA, POLICE STATION DEVRIYA (MADHYA PRADESH)

5. MST. AADHYAWATI D/O SHRI RAMDHARI, AGED ABOUT 55 YEARS, VILLAGE DEVRIYA, POLICE STATION DEVRIYA (MADHYA PRADESH)

6. COLLECTOR THE STATE OF MADHYA PRADESH DISTT. SINGROULI (MADHYA PRADESH)

7. RAGHUVANSH PRASAD S/O SHRI SHIVMANGALRAM, AGED ABOUT 56 YEARS, VILLAGE DHAPSA, TEHSIL DEOSAR (MADHYA PRADESH)

8. BUDDHSEN S/O SHRI SHIVMANGALRAM, AGED ABOUT 43 YEARS, VILLAGE DHAPSA, TEHSIL DEOSAR (MADHYA PRADESH)

9. SUBHASH S/O SHRI SHIVMANGALRAM, AGED ABOUT 43 YEARS, VILLAGE DHAPSA, TEHSIL DEOSAR (MADHYA PRADESH)

10. VEERESH (DEAD) S/O SHRI SHIVMANGALRAM, AGED ABOUT 35 YEARS, VILLAGE PARASWAR, TEHSIL SIHABAL (MADHYA PRADESH)

11. SMT. LALITA W/O LATE SHRI VEERESH, AGED ABOUT 45 YEARS, VILLAGE PARASWAR, TEHSIL SIHABAL (MADHYA PRADESH)

12. RAMJI S/O LATE SHRI VEERSH, AGED ABOUT 21 YEARS, VILLAGE PARASWAR, TEHSIL SIHABAL (MADHYA PRADESH)

13. GOPAL S/O LATE HRI VEERESH, AGED ABOUT

45 YEARS, VILLAGE PARASWAR, TEHSIL SIHABAL (MADHYA PRADESH)

14. SMT. RASHMI D/O LATE SHRI VEERESH, AGED ABOUT 45 YEARS, VILLAGE PARASWAR, TEHSIL SIHABAL (MADHYA PRADESH)

15. UMESH S/O SHRI SHIVMANGALRAM, AGED ABOUT 33 YEARS, VILLAGE PARASWAR, TEHSIL SIHABAL (MADHYA PRADESH)

Signature Not Verified SAN 16. RAMKUMAR S/O SHRI AMBIKA PRASAD, AGED ABOUT 70 YEARS, VILLAGE DHAPSA, TEHSIL Date: 2022.09.20 19:45:58 IST DEOSAR (MADHYA PRADESH)

.....RESPONDENT (SHRI JAI SHUKLA, ADVOCATE FOR RESPONDENT NO. 1)

(SHRI PANKAJ KUMAR PATHAK, ADVOCATE FOR RESPONDENT NOS. 7, 9, 10, 11 AND 12)

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

ORDER

This Miscellaneous appeal is filed by the plaintiff being aggrieved of judgment and decree dated 17/01/2015 Annexure A-9 passed by the learned Additional District Judge Devsar, District Singrauli in Civil Appeal No. 126A/14 whereby the learned First Appellate Court has remanded the matter to the learned Civil Judge Class-I Devsar which had decided civil suit no. 1-A/88 vide judgment and decree dated 29/03/08 after framing an issue that whether the trial court erred in allowing a suit filed by the plaintiff despite knowing the fact that mother of plaintiff no. 1 Smt. Rampyari daughter and legal heir of original land owner Kedar Ram being proved, yet despite the fact that the suit was barred by limitation whether the trial court erred in allowing the suit in violation of the facts and law available on record.

It has come on record that during pendency of appeal before the First Appellate Court, the defendant/appellant had filed an application under Order 6 Rule 17 C.P.C. on 29/06/2010 and another application under Order 41 Rule 27 C.P.C. on 20/12/2014.

In an application under Order 41 Rule 27 C.P.C., defendants submitted Khasra Pathshala of the disputed land from 1951-5