JAMNABAI Vs. VASUDEV

JUDGEMENT

(1.) Leave granted.

(2.) This appeal impugns the judgment and order dtd. 9/5/2025 passed by the High Court of Madhya Pradesh at Indore (hereinafter referred as the "High Court") in Second Appeal No. 1394 of 2019, whereby the High Court, in exercise of its jurisdiction under Sec. 100 of the Code of Civil Procedure, 1908 (hereinafter referred as the "Code"), reversed the concurrent judgment and decree dtd. 4/5/2016 passed by the Civil Judge, Class-2, Indore in Civil Suit No. 126-A/2015 (hereinafter referred as the "trial court"), and the judgment and decree dtd. 2/5/2019 passed by the Additional District Judge, Indore in Regular Civil Appeal No. 18/2016 (hereinafter referred as the "first appellate court"), and dismissed the suit instituted by the appellants.

(3.) At the outset, we may notice that during the pendency of the present proceedings, vide order dtd. 15/12/2025, parties were directed to maintain status quo regarding the nature, possession and title of the suit property as it existed at that time. Further, this Court also made an endeavour to facilitate an amicable resolution of the dispute. The parties were encouraged to resolve the matter amicably. The endeavour, however, did not fructify. On 04. 08.2026, this Court recorded that the parties were unable to settle the matter. Therefore, this Court proceeded to adjudicate the appeal on its merits.