IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE RATNESH CHANDRA SINGH BISEN

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ON THE 17 OF NOVEMBER, 2025 MISC. CIVIL CASE No. 1628 of 2016 RAJENDRA PRASAD AND OTHERS Versus SUKHSEN AND OTHERS Appearance:

Shri Pradeep Kumar Dwivedi - Advocate for the applicants.

Shri Greeshm Jain - Advocate for the respondent No.1 Ms. Sana Khan - Advocate for the respondent No.2 ORDER This is an application under Order 39 Rule 2 A read with Section 151 of CPC praying for an order for removal of construction raised by non- applicant/respondent in breach of status-quo order passed by this Court on 08.12.2015 in F.A. No.1086/2015 and also to punish the non-

applicant/respondent with civil imprisonment.

2. That the Applicant had filed the First Appeal under Sec 96 of the Civil Procedure Code which was registered as F.A. No 1086 /2015 against the judgment & decree passed by Additional District Judge Dewsar Distt. Singrauli in Civil Suit No.03-A/2014. The applicant /plaintiff has filed the suit for declaration of title & for permanent injunction against the respondents/defendants before trial court and trial court after adducing the evidence led by both the parties dismissed suit as title & possession of Applicant/plaintiff not proved vide its judgment & decree dt 07.10.2015 against which the applicant/ plaintiff filed the first appeal before court and same was registered as F.A. No.1086/2015 and this Court vide its order 08.12.212 passed interim order and directed that both the parties shall maintain staus quo in respect of the suit land involved in the case which is still in operation .

3. That the applicant/plaintiff has got the information that the respondent is going to start the construction over the lands in dispute he immediately made the report to the police station officer chouki Niwas enclosing the stay order passed by the Court in F.A. No.1086/ 2015 on 16- 12-2015, then on 22-01-16 to town inspector Niwas as well as Tahsildar Niwas vide order dt 25-1-2016 has passed the direction to officer incharge Thana Niwas for complying the order of stay passed by Hon,ble High court and same has been received by police station Niwas on 25-1-2016 but no steps were taken in respect of the same and the respondents /defendant one sided appeared in the first appeal as well as also getting the knowledge of interim order passed by this court started the construction on the disputed lands then again the applicant/plaintiff went to police station Niwas made the complaint of the same and prayed that construction work of respondent/defendants be stopped in compliance of stay order passed by Court but nothing has been done.

4. It is submitted in the reply filed by respondent No.1 that, the applicant/plaintiff has filed a suit for declaration of title and for permanent injunction in respect of suit land, with further prayer for directing the answering respondent to prohibit/restrain to raise any construction on the suit land. The trial court on 07.10.2015 has rejected/declined to grant relief as claimed by applicant/plaintiff. The trial court has given specific finding/observation that the applicant /plaintiff is not entitle for any relief on the land and respondent is in continuous possession since 32 years. It was further observed that plaintiff has not approached the court within limitation in view of this, he is not entitled for any relief claimed against answering respondent. The applicant/plaintiff and his witnesses have specifically admitted that answering respondent is in possession of the disputed property. That, applicant has filed the First Appeal No. 1083/2015 calling in question the judgment and decree passed by the court below. It is submitted that matter came up for hearing on 08.12.15 and the appeal was admitted for final hearing. It is also submitted that applicant has filed an I.A. 15850/2015 under order 39 rule 1 and 2, this Court on this has ordered for maintaining status-quo as was existing on 08.12.2015.

5. The answerin