IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE G. S. AHLUWALIA

nd

ON THE 2 OF FEBRUARY, 2026 SECOND APPEAL No. 194 of 2016 BABULAL MEENA Versus LALCHAND MER AND OTHERS Appearance:

Shri Rohit Bansal, Advocate for appellant.

Shri Rajeev Shrivastava, Advocate for respondent Nos. 1 to 3 and LR of respondent No.4.

Shri C.P.Singh, Government Advocate for respondent No.5/State.

WITH SECOND APPEAL No. 198 of 2016 BABULAL MEENA Versus RAMDULARI MER AND OTHERS Appearance:

Shri Rohit Bansal, Advocate for appellant.

Shri Rajeev Shrivastava, Advocate for respondent No.1.

ORDER With the permission of the Court, counsel for appellant has carried out the amendment in S.A. No.194/2016 on the Board itself in compliance of the order dated 24.11.2025 passed in S.A. No.194/2016.

2. By this common judgment, S.A. No.198/2016 shall also be disposed of.

3. S.A. No.194/2016 has been filed against the judgment and decree dated 19/3/2016 passed by I Additional District Judge, Guna in Civil Appeal No.21A/2015 as well as judgment and decree dated 24/8/2012 passed by Civil Judge Class II, Raghogarh, District Guna in Civil Suit No.44A/2010.

S.A. No. 198/2016 has been filed against the judgment and decree dated 19/3/2016 passed by I Additional District Judge, Guna in Civil Appeal No.28A/2015, as well as, judgment and decree dated 29/6/2013 passed by Additional Judge to the Court of Civil Judge Class I, Raghogarh, District Guna in Civil Suit No.21A/2013.

4. Respondents/plaintiffs of S.A. No.194/2016 are owners of Survey No.26 area 1.344 hectares, whereas respondents/plaintiffs of S.A. No.198/2016 are owners of Survey No.25/2 situated in Village Berkhedi, Tahsil Raghogarh, District Guna. Since all the grounds and nature of dispute is the same, therefore, both the appeals are being decided by this common judgment although both the suits and civil appeals were filed and decided separately by the Courts below.

5. For the sake of convenience, facts of S.A.194/2016 shall be considered.

6. Facts necessary for disposal present appeal, in short, are that plaintiff/ respondent Nos. 1 to 4 filed a suit for declaration of title and permanent injunction. It was their case that plaintiffs are real siblings and they are in joint cultivating position, however, they are residing separately with separate kitchens. The plaintiffs are the residents of Ruthiyai and are agriculturists. The defendant No.1/appellant resides in Berkhedi Ruthiyai. It is the case of plaintiffs that they are the owners and in possession of Survey No. 26 area 1.344 hectares situated in Village Berkhedi, Tahsil Raghogarh, District Guna. On the northern side of the land in dispute, Survey No. 25/1, Survey No. 27 and Survey No. 28 are situated. One road has been constructed through Survey No. 26 (which is in ownership and possession of plaintiffs) as well as Survey No. 27. As a result, the land of the plaintiffs has got divided in two parts i.e. one part on the eastern side another part on the western side. The road which has been constructed through disputed land and Survey No. 27 was shown in green color in the plaint map. After the road was constructed, the boundaries of the disputed property were as under:-

On eastern side - remaining land of plaintiffs after the NFL road.

On western side - remaining part of Survey No. 25/1.

On northern side - some part of Survey No. 27.

On southern side - Ajaroda aur Ber Khedi ka Meda.

Defendant No.1 purchased land of Survey No.25/5 area 2.090 hectares from Bhamarlal by registered sale deed dated 8/5/2003. In the said sale deed, it is specifically mentioned that the land which is being sold by Bhamarlal is situated about 2 kilometers away from AB road and about one furlong away from NFL road. Thus, it was claimed that the property which was purchased by defendant No.1 was approximately one furlong away from NFL road. It is the case of plaintiffs that defendant No.1 in connivance with Patwari Mohan Meena, who is related to defendant No.1, got the field map manip