Madhya Pradesh High Court
Premsingh vs Nasir Khan on 11 November, 2021
Author: Shailendra Shukla
1
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
FIRST APPEAL NO.02 OF 2007
(Premsingh and Another vs Abdul Rahim and Others)
Indore, Dated 11.11.2021
Mr. Veer Kumar Jain, learned senior counsel along with
Mr. Adarsh Jain, counsel for the appellants.
None for the respondent No.1.
Mr. G.M. Agrawal, learned counsel for the respondents
No.2 and 3.
Mr. Rajeev Kumar Jain, learned counsel for the
respondent No.4.
Mr. Viraj Godha, learned counsel for the respondent
No.5/State.
This is an appeal under Section 96 of the Code of Civil
Procedure, 1908 which has been preferred against the
judgment and decree dated 29.06.2006 passed in Civil Suit
No.9-A/2005 by Third Additional District Judge, Indore whereby
the suit for specific performance filed by the appellants had
been dismissed.
Learned senior counsel for the appellants submitted that
an application-IA No.7374/2021 under Order 23 Rule 1 read
with Section 151 CPC seeking to withdraw the appeal without
any pre-condition has been filed along with other applications.
Along with this IA No.7375/2021 under Order 22 Rule 9 read
with Section 151 CPC, IA No.7376/2021 under Section 5 of
Limitation Act, IA No.7377/2021 which is an application under
Order 23 rule 1 CPC, IA No.7378/2021 application under Order
22 Rule 4 CPC, IA No.7379/2021 which is an application under
Order 22 Rule 9 CPC and IA No.7380/2021 which is an
application for condonation of delay under Section 5 of
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
FIRST APPEAL NO.02 OF 2007
(Premsingh and Another vs Abdul Rahim and Others)
limitation Act have also been filed.
As per IA No.7378/2021, respondent No.2 Smt. Bhagwat
Bai W/o Shri Kishanlal Mittal had expired and in its place her
LRs Vinendra Mittal S/o Vijay Mittal and Vijendra Mittal S/o
Vijay Mittal have been sought to be brought on record. The
aforesaid application having been filed after lapse of period of
limitation, another application i.e. IA No.7379/2021 has been
filed against respondent No.2 in which sufficient cause has
been shown for setting aside the abatement due to lapse of
time and IA No.7380/2021 has been filed for condoning the
delay in filing the application for bringing the LRs of respondent
No.2 and for setting aside abatement.
On due consideration, the IAs No.7378/2021, IA
No.7379/2021 and 7380/2021 stands allowed and disposed of.
The aforesaid LRs be brought on record forthwith.
As per IA No.7374/2021, respondent No.4 Tetiya S/o
Bhuraji had expired and in its place his LRs Munna S/o
Apsingh and Babu S/o Tersingh have been sought to be
brought on record. The aforesaid application having been filed
after a lapse of period of limitation. Another application i.e. IA
No.7375/2021 has been filed in respect of abatement against
respondent No.4 and IA No.7376/2021 has been filed for
condoning the delay in filing the application for bringing the
LRs of respondent No.4 and for setting aside abatement
against respondent No.4.
On due consideration, the IAs No.7374/2021, IA
No.7375/2021 and 7376/2021 stands allowed and disposed of.
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
FIRST APPEAL NO.02 OF 2007
(Premsingh and Another vs Abdul Rahim and Others)
The aforesaid LRs be brought on record forthwith.
This appeal has been sought to be withdrawn by filing an
application i.e. IA No.7377/2021 without any precondition and
therefore the same stands allowed. Withdrawal of appeal shall
be assumed to be affected after incorporation of LRs of
respondent No.2 and 4. Accordingly IA No.7377/2021 stands
disposed of. Parties to bear their own costs.
The record of trial Court be sent back for due compliance.
(SHAILENDRA SHUKLA)
JUDGE
Arun/-
Digitally signed by
ARUN NAIR
Date: 2021.11.11
18:23:10 +05'30'
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
FIRST APPEAL NO.02 OF 2007
(Premsingh and Another vs Abdul Rahim and Others)
