STATE OF M. P. Vs. DUNGAJI

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned Judgment and Order dated 29.10.2010 passed by the High Court of Madhya Pradesh, Bench at Indore in Second Appeal No.580 of 2003 by which the High Court has allowed the said appeal preferred by the respondent-original plaintiff Dungaji (now represented by his legal representatives) and consequently has decreed the suit declaring that the marriage between Dungaji (original plaintiff) and his wife Kaveribai had been dissolved by way of customary divorce, much prior to the coming into force the provisions of the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 (hereinafter referred to as 'the Act') and that the property inherited by Kaveribai from her mother, after divorce, cannot be treated to be a family property of Dungaji for the purposes of determination of surplus area under the Act and the High Court has also held that the Competent Authority had not followed the mandatory provisions of law before passing the order dated 18.05.1976 and consequently has declared the same order as null and void, the State of Madhya Pradesh and another have preferred the present appeal.

(2.) The facts leading to the present appeal in nutshell are as under:

(3.) Ms. Prachi Mishra, learned Counsel has appeared on behalf of the appellant-State and Mr. Guru Krishna Kumar, learned Senior Counsel has appeared on behalf of the respondents.