AANANDILAL Vs. GRACELAND HABITATS SERENE PVT. LTD.

JUDGEMENT

(1.) The appellants have filed this appeal under Order XLIII Rule 1(r) of CPC being aggrieved by the order dtd. 6/8/2024 passed by the learned III District Judge, Indore in Regular Civil Suit No.576-A/2024, whereby the application filed by the appellants/plaintiffs under Order XXXIX Rule 1 and 2 of the CPC has been rejected.

(2.) The relevant facts of the case are that the appellants/plaintiffs were the owners, title holders and in possession of ancestral agricultural land (for short suit property), the details of which are mentioned in para 5.1 of the present appeal. The suit property is situated in Village Dhannad, Tehsil Rau, District Indore.

(3.) Respondent No.2 filed a reply to the application under Order XXXIX Rule 1 and 2 of the CPC thereby denying the claim of the appellants. The learned trial Court, after considering the rival submissions and the material available on record, passed the impugned order dtd. 6/8/2024, thereby rejecting the application filed by the appellants.