MADHUSUDAN PITRE Vs. STATE OF M.P.

JUDGEMENT

(1.) A co-ordinate bench of this Court by order dtd. 4/8/2022 in Civil Revision No. 175/2020 Madhusudan Pitre and ors. vs State of M.P. allowed the revision and set aside the order dtd. 17/3/2020 (Annexure P/1) passed in MJC No. 83/2019 (MJC No. 161/2019) In State Vs. Madhusudan Pitre and ors. by the learned 5th Additional District Judge, Chhatarpur, District Chhatarpur, whereby, an application preferred by the respondent / State under Sec. 5 of Limitation Act accompanying an appeal under Sec. 96 of the Code of Civil Procedure was allowed.

(2.) The State has filed I.A. No. 7818/2023 on 16/5/2023 seeking review / recall / modification of order dtd. 4/8/2022. In substance, as per the application one Nageshwar Sadashiv Pitre filed a Civil Suit bearing No. 4A/1997 against Madhusudan and ors. in which State Government was not a party. This civil suit was decided on 24/12/2005 whereby the trial Court held that plaintiff is not entitled for any declaration of title in respect of specific part of suit property, however, held that property belongs to undivided joint family property between plaintiff and defendant. Copy of that order is Annexure is P-2. No appeal was filed but defendant No. 1 Madhusudan filed an application before the Nazul Officer for issuance of No Dues Certificate in respect of the suit land in the above-mentioned civil suit and that certificate was denied on the basis that the land belonged to State Government and there was no decree regarding the specific part of land. It was also mentioned in the order dtd. 26/12/2017 (Annexure P-4) that Nazul Suit No. 37-A Plot No. 203 area 190 square meters belongs to the State Government. The order is Annexure P-4. Against that order Madhusudan approached the Collector under the provision of revenue circular book. The matter was remanded back by the Collector vide order dtd. 13/7/2018 for considering the same on the basis of merit, copy of order is Annexure P- 6, thereafter, the Nazul officer again declined issuance of NOC vide order Annexure P-7 dtd. 9/5/2019 then an application was made before Assistant Land Survey Officer Nazul Inquiry Branch, Chhatarpur and the Assistant Land Survey Officer recommended to file appeal against the judgment and decree passed by Civil Court in Civil Suit No. 4-A/1997 and thereafter, following due process, civil appeal has been filed along with application for condonation of delay.

(3.) It is mentioned in Para 3 of the Civil Appeal (Annexure P-9) that respondent/revisioner/petitioner without impleading necessary party in the matter succeeded to get judgment and decree and also took same ground in Para 5 of appeal that State Government being necessary and affected party was not heard.