Ravi Shankar Singh vs Randhir Singh
2021 Latest Caselaw 7696 MP

     HIGH COURT OF MADHYA PRADESH : JABALPUR
                   (Division Bench)


                         W.A. No.489 of 2021

                          Ravi Shankar Singh
                               -Versus-
                        Randhir Singh and others

                                --
Mr. Ravi Shankar Singh, the appellant in person.
Mr. Ashish Anand Barnad, Deputy Advocate General for the
respondents/State.
_______________________________________________________
CORAM :
       Hon'ble Shri Justice Ravi Malimath, Chief Justice.
       Hon'ble Shri Justice Vijay Kumar Shukla, Judge.

                           JUDGMENT

(Jabalpur, dtd.23.11.2021)

Per : Vijay Kumar Shukla, J.-

In the instant appeal preferred under Section 2(1) of the

Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth to Appeal)

Adhiniyam, 2005 cogency and substantiality of the order dated 24-

03-2021 passed by the learned Single Judge in W.P. No.13592 of

2020 has been called in question.

2. Bereft of unnecessary details the facts which are

obligatory to be uncurtained are that the appellant/writ-petitioner

[hereafter referred to as "the appellant"] has assailed the order dated

17-03-2020 passed by the respondent No.5, Additional

Commissioner, Shahdol whereby the second appeal preferred by the

appellant has been dismissed. The appellant assiduously urged that

the respondent No.5 has committed legal error in rejecting the

second appeal on the ground of pendency of civil suit without

appreciating that the earlier prayer in this regard was already

rejected by the Additional Commissioner vide orders dated 9-02-

2018 and 20-6-2019.

3. The learned Single Judge has declined to interfere with

the order passed by the respondent No.5 on the ground that the civil

suit filed by the appellant is pending. So far as the orders dated 9-

02-2018 and 20-6-2019, relied upon by the appellant, are concerned,

by those orders the respondent's application under Section 10 of the

Civil Procedure Code [for short, "the CPC"] was rejected. The

scope of Section 10 of the CPC is only for stay of suit by the Court,

when the matter in issue, is directly and substantially in issue in a

previously instituted suit between the same parties pending in the

same or any other Court.

4. Admittedly, the civil suit is pending and the order passed

by the Civil Court shall be binding on the revenue authorities.

Therefore, we do not find any error in the impugned order passed

passed by the learned Single Judge. The findings ascribed by the

learned Single Judge are impeccable and do not warrant any

interference in the present intra-court appeal.

5. Consequently, the the writ appeal is dismissed without

any order as to costs.

Pending interlocutory application(s), if any, also stands

disposed of.

      (Ravi Malimath)                              (Vijay Kumar Shukla)
        Chief Justice                                      Judge


ac.

Digitally signed by AJAY KUMAR CHATURVEDI Date: 2021.11.29 11:37:41 +05'30'