SHANKAR GIRI Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner has filed present petition being aggrieved by the order dated 03/05/2017 by which his application under Order 18 Rule 17 and 17-A of C.P.C has been dismissed.

(2.) The petitioner filed the suit for declaration and permanent injunction. As per pleadings in the plaint, the petitioner has purchased the agriculture land bearing survey no. 342/1 and 342/2 area 3.870 hector by way of auction held on 17/10/2002 by the presiding officer. According to the plaintiff, the said auction was conducted in order to recover the dues from Jain Vitamins Ltd. After the aforesaid auction sale by order dated 20/03/2003, name of the plaintiff has been mutated in the revenue records.

(3.) That, the defendant issued notice dated 06/01/2009 and thereafter, vide order dated 12/07/2010 has recorded the name of the Collector in the revenue record. The plaintiff filed the suit for declaration and permanent injunction. In para 2 of the plaint, the plaintiff has pleaded that he purchased the property by way of auction sale. In the written statement, the respondent has denied the pleadings made in para 2.