MOR SINGH Vs. ANAR SINGH

JUDGEMENT

(1.) The Present miscellaneous appeal has been filed challenging the judgment and decree dated 13.02.2015 passed by First A.D.J, Sehore in Civil Appeal No. 13 -A/2010, whereby the learned First Appellate Court allowed application under Order 1 Rule 10 C.P.C filed by respondents No. 5 and 6 (the purchasers) and remanded back the suit for fresh consideration on merit (by settling aside the judgment and decree dated 24.11.2008 passed by the 2nd Civil Judge, Class -1, Sehore in Civil Suit No. 04 -A/2008, which was decreed in favour of the plaintiff/appellant by granting declaration of title and injunction over the suit land.)

(2.) Civil Suit No. 04 -A/2008 was instituted by Mor Singh against respondents No. 1, 2 and 3, who were the brothers of Mor Singh stating that the suit land situated as Survey No. 44/1, 44/2 admeasuring 2.94 acres at village Lasuriya was received by the plaintiff/appellant on partition affected during the life time of his father, however, the same was not mutated in the name of plaintiff/appellant Mor Singh, but continued to remain in the name of defendant/respondents No. 1, 2 and 3 as the plaintiff was a minor at that time. After he became major, he continued his possession. His title and possession was acknowledged by the defendant/respondents No. 1, 2 and 3. As his name has not been mutated in the revenue records, respondent No. 3 threatened him to dispossess and sell the suit land, hence, he sought the declaration of title and injunction against defendant No.

(3.) /respondent No. 1 (Anar Singh). 3. Defendant No. 2/respondent No. 3 (Bhagwan Singh) admitted the plaintiff's case in the civil suit. Defendant No. 3/respondent No. 1 (Anar Singh) opposed the same. Judgment dated 24.11.2008 was pronounced by the First Civil Judge, Class - I, Sehore and decreed the suit in favour of the plaintiff/appellant. The defendant No. 3/ respondent No. 1 (Anar Singh) preferred an appeal before the First A.D.J, Sehore in which defendant No. 1/respondent No. 2 (Madho Singh) and defendant No. 2/respondent No. 3 (Bhagwan Singh) remained ex -parte. Only the plaintiff/respondent No. 1 contested in the appeal. It would be appropriate to mention here that the plaintiff and the respondents are real brothers.