IN THE HIGH COURT OF MADHYA PRADESH

AT INDORE

BEFORE

HON'BLE SHRI JUSTICE ALOK AWASTHI

SECOND APPEAL No. 1036 of 2025

SANTOSH AND OTHERS

Versus

KAMATA PRASAD

Appearance:

Ms. Megha Jain, learned counsel for the appellant.

Reserved on : 20.11.2025 Pronounced on : 15.01.2026

ORDER claimed to be owner and in possession of the property in question. The property in question has been purchased by the respondent from previous owner Shri Kailash Chandra vide registered sale deed dated 02.08.2013 and since then the respondent is in possession of property in question and residing there with his family. The said house was left open by the respondent for drainage of rainwater of the house (4' X 30') area is being referred to as a disputed land in the suit. The appellants/defendants wanted to illegally occupy the said disputed land and are trying to construct on it for which, they have constructed beam column on the spot and when the respondent stopped them, they have refused for the same.

Heard on the question of admission.

2] This Second appeal under Section 100 of Civil Procedure Code, 1908

(for brevity "CPC") has been filed by the appellants/defendants against the judgment and decree dated 10.02.2025, pa