Ram Veer vs Halke Kurmi
2021 Latest Caselaw 5913 MP

                                   1                               CR-251-2021
        The High Court Of Madhya Pradesh
                    CR-251-2021
                       (RAM VEER AND OTHERS Vs HALKE KURMI)

1
Jabalpur, Dated : 23-09-2021
       Heard through Video Conferencing.
       Shri Ayur Jain, learned counsel for the petitioner.
       Issue notice of this revision as well as of I.A. No.5681/2021, an
application for stay, to the respondent on payment of PF by both modes

within three working days, returnable within three weeks.

Learned counsel for the petitioner has placed reliance on the order dated 27.01.2020, passed by this Court in Misc. Petition No.2432/2020 (Halke vs. Ramveer and others) and decision of the Hon'ble Supreme Court in the case of Pooran Singh vs. Dhaniram, reported in 2019 SCC Online SC 433 wherein the Hon'ble Supreme Court has laid down the following principle:-

"13.....................The order which has been extracted in the earlier part of the judgment indicates that the challenge was on the ground that the notice of the appeal before the Collector had not been

served on the original respondent, Dhaniram. The judgment of the High Court enquired into the legality of the order passed by the Collector. The High Court came to the conclusion that the order was in accordance with law. The writ petition was dismissed. Once the order of the Collector was affirmed in the final judgment and order of the High Court dated 16 February 1987, it was not open to a civil court to arrive at a conclusion to the contrary. The High Court, in our view, has manifestly erred in ignoring the clear effect of the earlier order dated 16 February 1987."

In light of the above decisions of this Court as well as Hon'ble the Supreme Court, it is directed that the further proceedings of RCS 2 CR-251-2021 No.3A/2021, pending in the Court of 1st Civil Judge, Junior Grade, Gairatganj District Raisen, shall remain stayed.

It is made clear that this order shall be effective only for a period of two months from today, thereafter, this Court shall consider regarding continuance of this order after hearing the respondents on merits.

C.c as per rules.

(SMT. ANJULI PALO) JUDGE

pb

Signature Not Verified SAN

Digitally signed by PRASHANT BAGJILEWALE Date: 2021.09.24 18:05:25 IST