Jugal Kishore Kahar vs Panjikrit Sarvjanik Trust Murti ...
2021 Latest Caselaw 6531 MP

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                 High Court of Madhya Pradesh
                          Bench Gwalior
        SB: Hon'ble Shri Justice Rajeev Kumar Shrivastava

                             RP 364/2021
                        Jugal Kishore Kahar
                                  Vs.
                     Panjikrit Sarvjanik Trust Murti

===================================================

Shri Prahant Sharma, counsel for the petitioner. ==================================================== Order (Passed on 08/10/2021)

Per Rajeev Kumar Shrivastava, J:-

The present review petition under Order 47 Rule 1 of CPC has

been filed by the petitioner against the order dated 01/04/2021 passed by

this Court in Second Appeal No.233/2021, whereby the second appeal

preferred by the petitioner was not admitted by this Court by observing

that both the Courts below have arrived at concurrent finding of fact

which is based on correct appreciation of evidence.

(2) It is submitted by learned Counsel for the petitioner that Second

Appeal No.751/2020 preferred by another tenant, arising out of similar

judgment and decree, has already been admitted by a coordinate Bench

of this Court vide order dated 11/08/2020. As the facts of the present

case is similar to that of Second Appeal No.751/2020 filed by another

tenant in which, original plaintiff is the same and the suit for eviction

was also filed on the similar ground qua other tenant/shopkeeper,

therefore, maintaining the principles of judicial comity and legal

propriety, it would be appropriate to maintain certainty, uniformity and

continuity in the administration of justice. Therefore, it is prayed that the

order dated 01/04/2021 passed in Second Appeal No.233/2021 may

kindly be reviewed. In support of his contentions, learned Counsel for

the petitioner has relied upon the judgments passed by the Apex Court in

the case of Bir Bajrang Kumar vs. State of Bihar and Others,

reported in AIR 1987 SC 1345 and S.L. Rooplal and Another vs. Lt.

Governor through Chief Secretary, Delhi and Ors. reported in 2000

AIR (SC) 594.

(3) Having considered the arguments advanced by learned counsel for

the petitioner as well as the law laid down by the Apex Court, it is

apparent that the plaintiff/ respondent herein is the same and the suit for

eviction was also filed on the similar ground qua other

tenant/shopkeeper, therefore, in order to avoid conflict of authority and

to secure certainty, uniformity and continuity in the administration of

justice, this Court thinks it appropriate to review the order dated

01/04/2021 passed in Second Appeal No.233/2021. Accordingly, the

order dated 01/04/2021 stands modified and Second Appeal No.

233/2021 stands restored to its original number.

(4) Aforesaid Second Appeal No.233/2021 be listed for admission.

(Rajeev Kumar Shrivastava) Judge

MKB

MAHENDRA Digitally signed by MAHENDRA KUMAR BARIK DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA

KUMAR PRADESH BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh, 2.5.4.20=f592da990684fe30f8e1e29a4a1a9e3451 ee450d883083a8e4cc8020eee6f7cb,

BARIK cn=MAHENDRA KUMAR BARIK Date: 2021.10.08 18:57:20 +05'30'