LAXMI NARAYAN Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Parties through their counsel. 1. The petitioner before this court has filed this present petition being aggrieved by the order dated 05-12-2016 passed by learned Civil Judge, Dewas in Civil Suit No. 2700074/2016 by which the application preferred under Order 39 Rule 1 and 2 of CPC has been rejected.

(2.) The facts of the case reveal that the plaintiff has filed a civil suit claiming permanent injunction in respect of the land bearing Survey No. 1106, 1107 and 1114 ad-measuring 3.620 hectares of Village Patadi, District Dewas. It has been stated in the plaint that they are owner of the land in question and they are in possession. On the contrary a written statement was filed by the State Government and it was stated by the respondent State Government Survey No. 1105 is the Government land and a cremation ground land is in existence over the Government land and in those circumstances they have taken action against the plaintiffs for removal of encroachment. In those circumstances based upon the revenue record and the evidence adduced by the parties the trial court has declined to grant of injunction. The order of trial court has been affirmed by the first appellate court by an order dated 08-03-2017 as the land in question is a cremation ground and the authorities of the State Government were making an attempt to remove the encroachment over the cremation ground.

(3.) This court in light of the concurrent findings of fact arrived at by the courts below in respect of grant of injunction is of the opinion that no case for interference is made out in the matter.