Kumari Ritu Bhadouriya vs Bhawari Bai D/O Shri Devalya Died ...
2021 Latest Caselaw 7659 MP

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                                               M.C.C. No. 660/2021
              (Ku. Ritu Bhadouriya & others Vs. Bhawari Bai & others)

           HIGH COURT OF MADHYA PRADESH
                 BENCH AT GWALIOR

                          SINGLE BENCH:


              Miscellaneous Civil Case No.660/2021
                  Ku. Ritu Bhadouriya & others
                              Vs.
     Bhawari Bai, D/o Shri Devalya, Died thr. LRs & others

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CORAM

         Hon. Shri Justice Rajeev Kumar Shrivastava

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Appearance

      Shri K.S. Tomar, learned Senior Counsel with Shri J.S.
Kaurav, learned counsel for the petitioners.
      Shri Santosh Agrawal, learned counsel for respondent No.1.

      Shri Abhishek Mishra, learned Panel Lawyer for respondent

No.2/State.

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Whether approved for reporting : No

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Reserved on : 16/11/2021


                            ORDER

(Passed on 22/11/2021)

This miscellaneous civil case has been filed by the

petitioners against the order dated 22/02/2021 passed by this Court

M.C.C. No. 660/2021 (Ku. Ritu Bhadouriya & others Vs. Bhawari Bai & others)

in Review Petition No.93/2020 (State of Madhya Pradesh Vs.

Kumari Ritu Bhadouriya & others), whereby judgment dated

04/09/2019 passed in Second Appeal No.40/2015 has been set

aside and the second appeal has been restored.

2. It is submitted by learned counsel for the petitioners that

Second Appeal No.40/2015 was filed before this Court wherein

one application for compromise under Order 23 Rule 3 CPC was

filed. After considering the verification report submitted by

Principal Registrar of this Court, compromise application was

allowed and aforesaid second appeal was disposed of vide

judgment dated 04/09/2019. Against which, review petition was

filed by the State of Madhya Pradesh, wherein as mentioned

above, judgment dated 04/09/2019 has been set aside and second

appeal has been restored.

3. By filing this MCC, it has been submitted that considering

the settled principle of law in relation to Will, the prayer is made

that the petitioners may be permitted to raise all grounds in the

appeal without being influenced by the order as passed by this

court in review petition and question of compromise may be

opened for reconsideration. In support of his arguments, learned

counsel for the petitioners has relied upon the order passed by Co-

ordinate Bench of this Court in the case of Rajalal and another

Vs. Komal Singh and another [2014 RN 149].

M.C.C. No. 660/2021 (Ku. Ritu Bhadouriya & others Vs. Bhawari Bai & others)

4. Learned counsel for the respondents have vehemently

opposed the submissions put forth by learned counsel for the

petitioners and have submitted that there is no merits in the

present petition, therefore prayed to reject this MCC with cost.

5. Heard learned counsel for the rival parties and perused the

documents available on record.

6. It is apparent from the perusal of available record that the

judgment dated 04/09/2019 passed in Second Appeal No.40/2015

has been set aside by this Court vide order dated 22/02/2021

passed in Review Petition No.93/2020 and aforesaid Second

Appeal has been restored to its original number for hearing afresh,

therefore all the merits of the case shall be considered by this

Court while hearing aforesaid Second Appeal on merits and the

doubt raised in the present petition has no force. Hence, this

miscellaneous civil case is hereby dismissed.

(Rajeev Kumar Shrivastava) Judge Shubhankar*

Digitally signed by SHUBHANKAR MISHRA Date: 2021.11.22 16:04:02 +05'30'