SUDESH KUKREJA Vs. STATE OF M.P

JUDGEMENT

(1.) APPELLANTS /plaintiffs have filed this appeal under Section 96 of CPC against the judgment and decree dated 26/02/2004 passed in Civil Suit No. 5 -A/03 by learned 10 th Additional District Judge (Fast Track Court) Gwalior; whereby, suit filed by the appellants/plaintiffs for declaration of ownership, possession and permanent injunction has been dismissed.

(2.) THIS judgment shall also govern disposal of the application I.A. No. 5294/04, which is an application under Order 41 Rule 27 of CPC for taking on record certified copies of Khasra entries from Samwat 2005 to 2013 and 2020 to 2023, I.A. No. 19487/09, which is also an application under Order 41Rule 27 of CPC for taking on record the additional documents which are certified copies of Khasra entries from Samwat 2007 to 2018 and I.A. No. 19502/09, which is an application for amendment.

(3.) THE brief facts of the case are that the appellants/plaintiffs have filed a suit for declaration and injunction on the ground that survey No. 1647, 1648, 1650, 1651 and 1652 total area 0.324 hectare situated near JA Hospital, Gwalior is owned and possessed by the plaintiffs which was purchased by them by registered sale deeds. Respondent -defendant No. 2, issued a notification declaring the land to be under the scheme of Town ad Country Planning, therefore, plaintiffs served a notice under Section 80 of CPC to the defendant on 30/06/2000, but no reply to the notice was given. Thereafter, the defendant No. 2 again published a notice in daily newspaper Dainik Bhaskar dated 30/08/2000 that the land in dispute is for a scheme for the construction of commercial and residential development while the land in dispute is not the land of defendants and inspite of that defendants are trying to construct over the land without any authority. Hence, the plaintiffs have filed a suit for declaring them to be the owner and possession holder of the suit land and for restricting the defendants from interfering in their possession by permanent injunction with a further direction not to make any construction on the land of the plaintiffs.