SUNIL KUMAR LODHI Vs. SNEHLATA RAO

JUDGEMENT

(1.) Since pleadings are complete and learned counsel for the parties are ready to argument the matter, therefore, it is heard finally.

(2.) By the instant petition filed under Article 227 of the Constitution of India, the petitioners/plaintiffs are challenging the legality, validity and propriety of order dtd. 15/9/2022 (Annexure-P/4) passed by the Court of 08th Civil Judge Junior Division, Jabalpur in RCSA No.6335/2020 whereby the trial Court has rejected their application filed under Order 6 rule 17 of the Code of Civil Procedure.

(3.) As per facts of the case, the petitioners/plaintiffs had filed a suit for declaration of ownership of land bearing Khasra No.1/1 measuring 0.345 hectares and recovery of possession along with a mandatory injunction to remove the construction raised and permanent injunction to restrain alienation/creation of encumbrance on the property in dispute. However, according to the petitioners a property admeasuring 1.356 hectares belonged to Ghinau @ Ghisru lodhi and Ramdas Lodhi. On partition between the two in the 1978, the property in dispute came to be vested with Ghinau @ Ghisru lodhi (dead - 1/8/1985). Ghinau @ Ghisru lodhi had a wife named Renaka Bai (dead -18/6/1989). The two had a couple of children i.e. Keshar Bai (plaintiff No.6) and Narad Singh lodhi (dead 30/7/2001). Narad Snigh had a wife named Dhilla Bai (plaintiff No.5) with whom he had four children i.e. sunil (plaintiff No.1), Prahlad (plaintiff No.2) and Ganga (plaintiff No.4).