1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ANAND PATHAK ON THE 18th OF JULY, 2023 MISCELLANEOUS PETITION NO. 3976 of 2023 BETWEEN:-
1. LOKENDRA S/O SHRI RAJENDRA
SINGH, AGED 35 YEARS
2. MURARI S/O SHRI GHAMBIR SINGH,
AGED 56 YEARS
ALL R/O VILLAGE AINTEE TEHSIL
AND DISTRICT MORENA (MADHYA
PRADESH)
…..PETITIONERS (SHRI SAMEER KUMAR JAIN - ADVOCATE)
AND
1. DEAD SMT. POTHABAI THROUGH LRS
A. RAMCHITRA SINGH S/O LATE
SHRI LAKHPAT SINGH, AGED 62
YEARS, VILLAGE AINTEE TEHSIL AND
DISTRICT MORENA (MADHYA
PRADESH)
B. RAMA @ RAMAYANI D/O LATE
SHRI LAKHPAT SINGH, AGED 54
YEARS, W/O SHRI BHEEKAM SINGH
CASTE GURJAR, VILLAGE PIPARSA
TEHSIL, GOHAD DISTRICT BHIND
(MADHYA PRADESH)
C. GABBAR SINGH S/O SHRI
LAKHPAT SINGH, AGED 63 YEARS,
2
CASTE GURJAR, VILLAGE AINTEE
TEHSIL AND DISTRICT MORENA
(MADHYA PRADESH)
PROFORMA RESPONDENTS
1. SEETARAM S/O SHRI JAHAR SINGH,
AGED 60 YEARS, VILLAGE AINTEE
TEHSIL AND DISTRICT MORENA
(MADHYA PRADESH)
2. STATE OF MADHYA PRADESH
THROUGH COLLECTOR MORENA
(MADHYA PRADESH)
…..RESPONDENTS (BY SHRI M.S.JADON - GOVERNMENT ADVOCATE FOR RESPONDENT NO.2/STATE)
------------------------------------------------------------------------------------------
This petition coming on for admission this day, the Court passed the following:
ORDER
The instant petition, under Article 227 of the Constitution of India, is preferred by the petitioner taking exception to the order dated 11.05.2023 passed by the Fifth District Judge, District Morena.
2. It is grievance of the petitioners/plaintiffs that the petitioners /plaintiffs filed a suit for declaration and permanent injunction. An application under Order 39 Rules 1 and 2 CPC was preferred and the same was dismissed vide order dated 09.10.2018. An appeal was preferred and the same was allowed vide order dated 23.04.2019 and temporary injunction granted.
3. Against the said order, respondents/defendants sought of review application under Order 43 Rule 2 and Order 41 Rule 21 read with Section
151 CPC on the ground that they were not served before the appellate
3
Court.
4. Considering the submissions, the appellate Court recalled the order and set aside the order dated 23.04.2023 and directed the parties to appear on 19.06.2023 for final hearing. Since then the case is being adjourned on the pretext of the other, therefore temporary injunction was sought.
5. Considering the rival submissions and the fact situation, it appears that the parties were rightly directed to advance arguments on 19.06.2023 and it is duty of the litigating parties to comply the order and advance arguments on next date of hearing preferably within two months from the date of passing of this order so that fate of the application under Order 39 Rules 1 and 2 CPC may attain finality.
6. As an interim measures, status quo shall be maintained by the parties for next two weeks till 4thAugust, 2023. Matter be decided within one month from the date of order. Parties to appear on 26.07.2023.
7. The petition stands disposed of with the aforesaid directions.
(ANAND PATHAK)
AK/- JUDGE
Comments