KALYANI DEVI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Petition under Article 227 of Constitution of India has been filed seeking following reliefs :-

(2.) Respondent no. 2 was served on 8/6/2024 but none appears for respondent no.2. Thereafter, on 29/8/2024 and 23/9/2024 also none appeared for respondent no. 2. Accordingly, it is proceeded ex-parte.

(3.) It is the case of the petitioners that they have filed a suit for declaration and permanent injunction alleging that the canal in question is situated in Khasra Nos. 387, 388 and 389 in Village Panna, Tehsil and District Panna. Whereas contention of the defendants is that the canal is not situated on the said Khasra numbers. An application under Order 39 Rule 1 and 2 C.P.C. was also filed which was dismissed and ultimately, petitioners preferred a Misc. Appeal No. 1495/2022 before this Court. The said Misc. Appeal was finally decided by order dtd. 13/7/2022 with an observation that it is always open to the appellants to obtain demarcation or produce documentary evidence during trial and if they are able to demonstrate that any encroachment is being made by the Municipality on their land, then the consequence can follow even at the time of passing of the final decree.