DHARMANAND Vs. YASHWANT

JUDGEMENT

(1.) Heard on the question of admission.

(2.) The appellants have preferred present appeal under Sec. 100 of the Code of Civil Procedure, 1908 (hereinafter referred to as "CPC") being aggrieved by the judgment and decree dtd. 6/5/2025 passed by learned Additional District Judge, Dr. Ambedkar Nagar, District Indore in RCA No. 10/2025 whereby judgment and decree dtd. 23/12/2024 passed by learned Civil Judge, Junior Division, Dr. Ambedkar Nagar, District Indore in RCS A No. 478-A/2018 partially dismissed the suit filed by the appellants/plaintiff, has been affirmed and appeal filed by the appellants has been dismissed.

(3.) Necessary facts for disposal of this appeal, in brief are that the appellants/plaintiffs had purchased the land bearing Survey No. 84/1 area 2.223 hectare situated at Village Jafarabad, Tehsil Dr. Ambedkar Nagar, District Indore from the previous owner of the land namely Bheru Singh @ Bherulal S/o Moti Singh through a registered sale deed dtd. 4/7/1998. The name of the appellants have also been recorded in the revenue records as the landowner of the disputed land. To the West side of the land of Survey No. 84/1, land of Survey No. 84/2 owned by respondent No. 1/defendant No. 1 Yashwant S/o Ratan Singh Yadav, is situated. On 1/8/2016, respondent Nos. 1 and 2/defendant Nos. 1 and 2 submitted an application under Sec. 32 of the M.P. Land Revenue Code, 1959 (for brevity "MPLRC") before the Court of Naib Tehsildar, Tappa Manpur, Tehsil Mhow, District Indore. In this application, it was stated that Ratan Singh, father of respondent Nos. 1 and 2, had submitted an application under Sec. 131 of the MPLRC in respect of the said land, which was registered as case No. 06-A/2013/1994-95 and was considered a road upon Survey No. 84/1 vide order dtd. 15/3/1995. The said application was decided against the appellants in absence of the appellants.