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IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
SECOND APPEAL NO.385 of 1995
Between:-
1.
SOW PUSHPA GOYAL W/O LAXMINARYAN
2.
KAMAL KISHORE S/O BHAGCHAND (DEAD)
THROUGH LRS:
(1) SMT. RUKHMANI BAI, AGE 64 YEARS
WIDOW KAMAL KISHORE AGARWAL,
(2) SMT. KAVITA, AGE 40 YEARS,
D/O KAMAL KISHORE AGARWAL, WIDOW OF
KAILASH CHANDRA AGRAWAL,
(3) MANISH, AGE 28 YEARS, SON OF KAM KISHORE
AGARWAL.
R/O GOL GAZAR, KHANDWA DISTRICT KHANDWA
(4) SMT. BABITA, AGED 38 YEARS,
DAUGHTER OF KAMAL KISHORE AGARWAL,
HUSBAND RAJESH AGARWAL,
RESIDENT OF TIRUPATI COLONY, ITARSI,
DISTRICT HOSHANGABAD
(5) SMT. SONALI, AGE 35 YEARS,
DAUGHTER OF KAMAL KISHORE
HUSBAND KRITI AGARWAL,
R/O NEAR NAGAR PALIKA BHAVAN,
BAYVARA DISTRICT RAJGAD
3.
MAHESH KUMAR S/O BHAGCHAND
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4.
UMESH KUMAR S/O BHAGCHAND
R/O GOLBAZAR, KHANDWA (M.P.)
.....APPELLANTS
(BY SHRI ASHISH SHROTI - ADVOCATE)
AND
1.
DAYA RAM, DEAD THROUGH LRS:
(a) DHARAMPAL S/O DAYARAM ARYA,
AGED 60 YEARS
(b) RAJENDRA S/O DAYARAM ARYA,
AGED 55 YEARS
(c) RAJKUMAR S/O DAYARAM ARYA,
AGED 50 YEARS
(d) SUNIL S/O DAYARAM ARYA,
AGED 45 YEARS
(e) BALKRISHNA S/O DAYARAM ARYA,
AGED 40 YEARS
(f) SMT. NIRMALA D/O DAYARAM ARYA
(g) SMT. SHAKUN D/O DAYARAM ARYA
(h) SMT. URMILA D/O DAYARAM ARYA
(I) SMT. SARLA D/O DAYARAM ARYA
(j) SMT. SHEELA D/O DAYARAM ARYA
2.
MANGILAL S/O HEERLAL AGRAWAL
(DEAD)
(A) SMT. MUNNI BAI. (DEAD)
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(B) VINOD S/O MANGILAL (DEAD)
THRUGH LEGAL LRS :
(i) SUHIL KUMAR, AGED 50 YEARS, SON
OF VINOD AGRAWAL, R/O PRIDE PLAZA,
VRANDAWAN DHAM, FLT. NO.B-3
STATION ROAD MIDC ROAD, VEDANT
NAGAR, AURANGABAD MAHARASHTRA
(ii) KAPIL, AGED 45 YEARS, SON OF
VINOD AGRAWAL. R/O PRIDE PLAZA,
VRANDAWAN DHAM, FLT. NO.B-3
STATION ROAD MIDC ROAD, VEDANT
NAGAR, AURANGABAD MAHARASHTRA
(iii) SMT. SAPNA, AGED 55 YEARS
DAUGHTER OF VINOD AGRAWAL, WIFE
OF NITIN AGARWAL, R/O SHIVAJI
CHOWK, HINGOLI, MAHARASHTRA
(C) ASHOK S/O MANGILAL (DEAD)
THROUGH LRS:
(1) SMT. USHA WIDOW OF SHRI ASHOK
AGRAWAL, AGED 62 YEARS, R/O
RAMKRISHNA GANJ, BEHIND ANAZ
MANDI, KHANDWA (M.P.)
(2) SMT. ASHWITA, DAUGHTER OF LATE
SHRI ASHOK AGRAWAL, WIFE OF SHRI
RITESH AGRAWAL, AGED ABOUT 40
YEARS, R/O 70, BHARUKA BROTHERS,
KASERA BAZAR, INDORE (M.P.)
(3) SHRI ASHWIN SON OF LATE SHRI
ASHOK AGRAWAL, AGED ABOUT 35
YEARS, BUSINESSMAN, RESIDENT OF
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RAMKRISHNA GANJ, BEHIND ANAZ
MANDI, KHANDWA (M.P.)
(D) SMT. BINA BAI, W/O SHRI VIJAYA KUMAR
AGRAWAL, CARE OF RAMESHWARDAS
CHHAGA LAL AGRAWAL, KASTOORI
PALACE, ATHAWAI BAZAR, BHUSAWAL.
(E)
SANJAY
S/O
MANGILAL
(DEAD)
THROUGH LRS:
(1) SMT. SAPNA WIFE OF LATE SHRI
SANJAY AGARWAL, AGED ABOUT 45
YEARS, R/O D-10, BRIJNAYANI COLONY,
KHANDWA ROAD, INDORE (M.P.)
(2) MS. PAYAL, DAUGHTER OF LATE SHRI
SANJAY AGARWAL, AGED ABOUT 20
YEARS, R/O D-10, BRIJNAYANI COLONY,
KHANDWA ROAD, INDORE (M.P.)
(3) RAM SON OF LATE SHRI SANJAY
AGARWAL, MINOR THROUGH NATURAL
GUARDIAN SMT. SAPNA, AGED ABOUT 12
YEARS, R/O D-10,
(BY SHRI ATULAND AWASTHY, SENIOR
ADVOCATE ASSISTED BY SHRI ABHAY
TIWARI - ADVOCATE)
....RESPONDENTS
Reserved on
: 25.08.2022
Delivered on
: 02.09.2022
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J U D G M E N T
This second appeal has been filed by plaintiffs challenging the
judgment and decree dated 23.01.1995 passed by District Judge, East
Nimar Khandwa in Civil Appeal no.11-A/90, reversing the judgment and
decree dated 20.09.1990 passed by I Civil Judge Class-I, Khandwa in
Civil Suit no.11-A/1964.
2.
In short the facts are that, original plaintiff Bhagchand (the
appellants are his descendants) instituted a suit for declaration of title and
permanent injunction mainly against the original defendant 1-Seth
Champalal (due to his death and there being no LR, his name was deleted
vide order dtd. 9.2.
