KAPOORI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Article 227 of Constitution of India has been filed against the order dated 16/01/2019 passed by District Judge, Ashoknagar in M.A.No.23/2018 thereby affirming the order dated 23/08/2018 passed by 4th Civil Judge, Class-II, Ashoknagar in Civil Suit No.100-A/2018, by which the application filed by the petitioners under Order 39 Rule 1 and 2 of CPC has been rejected.

(2.) It is submitted by learned counsel for the petitioners that on 27/09/2015 a Panchnama was prepared and it was found that the petitioners are in possession of Survey Nos. 38, 39 and 40 situated in village Saiji, Tehsil Shadoura, District Ashoknagar. The Principal Secretary, Department of Revenue, by his letter dated 19/02/2015 had forwarded the application to the Collector which was made by the petitioner for settlement of the said land in favour of the petitioners on the ground that according to the petitioners, they are in possession of the land in dispute from the year of 1994 to 1995.

(3.) Similarly, the Tehsildar, Tehsil Shadoura, District Ashoknagar by his letter dated 05/10/2016 had directed the SHO, Police Station Shadoura, District Ashoknagar to bound over one Govind Singh who was interfering with the peaceful possession of the petitioners.