BIRJIYA BAI Vs. KAILASH NARAYAN

JUDGEMENT

(1.) The impugned judgment dated 19-12-2008 passed by the learned First Additional District Judge, Mungawali, District Guna has been made pivot in this appeal by one of the defendant by filing this appeal under section 100 of the Code of Civil Procedure, 1908.

(2.) The facts necessary for the disposal of this second appeal lies in a narrow compass. Suffice it to state that a suit for declaration of title and permanent injunction in respect of certain agriculture land has been filed by plaintiff/respondent against the defendant/appellant and another defendant/ respondent No. 2. In the suit, State of Madhya Pradesh has been arrayed as Second Appeal No. 180 of 2009 decided on 30-3-2010. (Gwalior) formal defendant in terms of Order 1, Rule 3-B, Civil Procedure Code (M.P, State Amendment).

(3.) The defendants including the appellant filed joint written statement and denied the averments made in the plaint.