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2025 Supreme(Online)(MP) 5016

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
RAJENDRA KUMAR VANI, J
SMT. REKHA KUSHWAH AND ANOTHER – Appellant
Versus
RAJENDRA AND OTHERS – Respondent


Advocates:
For the Appellants/Petitioners: Shri Sameer Kumar Shrivastava
For the Respondents: Shri Vivek Khedkar, Shri Rishabh Singh Chauhan, Shri Prabhat Pateriya

Table of Content
1. details regarding property mutation and contested ownership. (Para 2)
2. arguments pertaining to cross-claims of property rights. (Para 3 , 5)
3. court observations on validity of actions taken by the defendants. (Para 6)

ORDER

This petition has been filed under Article 227 of the Constitution of India against the order dated 30.08.2024 passed by the Principal District Judge, Shivpuri, in M.C.A.No.17/2024, Signature Not Verified Signed by: MADHU whereby appeal filed by respondents No.1 to 4/defendants No.1, 3 to 5 (hereinafter shall be referred as “the defendants”) has been allowed and the order dated 28.05.2024 passed by learned trial Court in RCSA No.74-A/2022 allowing the application under Order 39 Rule 1 & 2 CPC of the appellants (hereinafter shall be referred as the plaintiffs) has been set aside in part with regard to carry out construction.

2. Brief facts of the case are that plaintiffs and defendants No.1 & 3 to 5 are the sons and daughters of Late Ramdayal. After his death on 11.12.2020, an application under Sections 109 and 110 of M.P. Land Revenue Code was filed on 23.03.2021 on behalf of all legal representatives seeking mutation of the property which wa

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