Citation : 2021 Latest Caselaw 7059 MP
Judgement Date : 29 October, 2021
1 MP-2020-2021
The High Court Of Madhya Pradesh
MP No. 2020 of 2021
(SMT. NANHI BAI AND OTHERS Vs SHIV RATAN AND OTHERS)
Jabalpur, Dated : 29-10-2021 Shri Ashok Lalwani, learned counsel for the petitoners prays for converting this Miscellaneous Petition into a Civil Revision as per law laid down by the Supreme Court in the case of Col Anil Kak (Retd) versus Municipal Corporation, Indore & Others reported in AIR 2007 SC 1130, which provides that when revision is not tenable against the injunction
order under Order XXXIX Rule 1 & 2 of the Code of Civil Procedure, which is interlocutory in nature, the High Court can suo motu convert it into a petition under Article 227 of the Constitution of India. Similarly, reliance is also placed on a judgment of the Supreme Court in the case of Nawab Shaqafath Ali Khan & Others versus Nawab Imdad Jah Bahadur & Others reported in (2009) 5 SCC 162.
Office is directed to examine and register this case as Civil Revision and list thereafter for hearing in the week commencing 8.11.2021.
(VIVEK AGARWAL) JUDGE
amit
Signature Not Verified SAN
Digitally signed by AMIT JAIN Date: 2021.10.29 17:36:41 IST
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