ORAN SINGH Vs. BHOOPAT SINGH

JUDGEMENT

(1.) The present petition has been filed by the petitioner/plaintiff being aggrieved by the orders of the appellate Court and Civil Court; whereby, the application submitted by the petitioner/plaintiff under Order 39 Rule 1 and 2 of CPC has been dismissed by the Civil Court and confirmed by the appellate Court. The petitioner has assailed the order dtd. 27/9/2024 (Annexure P/13) passed in MCA No.11/2023 and order dtd. 24/8/2023 (Annexure P/12) passed in CS No.49A/2023 respectively, in the present petition.

(2.) It is the case of the petitioner that the Civil Suit No.49A/2023 has been filed by the petitioner for permanent Injunction that the respondents/defendants be restrained from impeding the use of agricultural land bearing Survey No.62 and 63 by creating a new way over the land by submitting false and fabricated facts. It has been averred in the plaint that the petitioner/plaintiff is the title and possession holder of agricultural land bearing survey No.62 admeasuring 0.800 Hect. and Survey No.63 admeasuring 2.250 Hect., total area 3.050 Hect. at village Parwariya, Tehsil Barasiya, District Bhopal.

(3.) The petitioner inherited the said land from his father. It is averred that on the southern side of Government minor canal, Petitioner/plaintiff is the title and possession holder of agricultural land bearing Survey No.63, respondent/defendant No.1 is the title and possession holder of agricultural land bearing Survey No.66 and 67, the respondent/defendant No.2 is the title and possession holder of agricultural land bearing Survey No.65 and respondent/defendant No.3 is the title and possession holder of agricultural land bearing Survey No.72 and 74, over which the parties are cultivating. Over the land of respondent/defendant No.3 land bearing Survey No.72 and 74, there is a way of 2 feet broad and 8 feet long from where the respondents No.1, 2 and 3 commute and transport tractor. It is further submitted that the respondents have never commuted or transported their vehicle over the way of petitioner/plaintiff. Now, because of their ulterior motive, the respondents, on false and fabricated facts, have filed an application under Sec. 131 of the Madhya Pradesh Land Revenue Code, 1959 (hereinafter referred to as 'the MPLRC') for creating the customary road.