INDER SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the Order dtd. 29/1/2024 (hereinafter referred to as the 'Impugned Order') passed by a learned Single Bench of the High Court of Madhya Pradesh, Gwalior Bench (hereinafter referred to as the 'High Court') in I.A. No.2022/2020 in Second Appeal No.1253 of 2020 filed by the respondent, whereby the said I.A. under Sec. 51 of the Limitation Act, 1963, seeking condonation of delay in filing the Second Appeal, has been allowed with a direction for listing the Second Appeal to be heard on admission as well as the accompanying stay application.

(3.) On 14/12/2012, the appellant filed Civil Suit No.17-A/2013 (hereinafter referred to as the 'suit') before the learned Second Additional District Judge, Class-1, Ashoknagar, Madhya Pradesh (hereinafter referred to as the 'Trial Court') for declaration of title, possession and permanent injunction in respect of Land Survey No.8/1 having an area of 1.060 hectare (hereinafter referred to as the 'suit property') situated in Village Mohrirai, Tehsil and District Ashoknagar, contending that an order dtd. 30/8/1977 was passed in his favour, wherein he was allotted the suit property. Thereafter, by mistake, in place of the appellant's name i.e., Inder Singh, Ishwar Singh's name was wrongly recorded in the revenue records. Such mistake was rectified on an application filed by the appellant before the Additional Collector, Gwalior by order dtd. 24/8/1978. Pursuant thereto, the appellant obtained a loan from a bank for digging a well in the suit property. It is further averred in the suit that the respondent had declared the land in question to be 'Government Land', without any prior notice to the appellant.