Kokila Jain vs The State Of Madhya Pradesh
2022 Latest Caselaw 5779 MP

                                                     1
                             IN THE HIGH COURT OF MADHYA PRADESH
                                          AT GWALIOR
                                              WP No. 6593 of 2014
                          (KOKILA JAIN AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 20-04-2022
             Shri Prashant Sharma, learned counsel for the petitioners.

             Shri Rohit Shrivastava, learned Panel Lawyer for the respondents No.1 and

2/State.

Shri Harish Kumar Dixit, learned counsel for the respondent No.3. Shri Sanjay Kumar Dwivedi, learned counsel for the respondent No.10. Shri V.K.Bharadwaj, learned Senior counsel with Shri Rohit Batham, learned

counsel for the Intervener.

Shri N.K.Gupta, learned Senior counsel with Shri S.D. Singh, learned counsel for the Intervener.

Learned counsel for the respondents placed the judgment and decree dated 10.01.2022 passed by the Fifteenth District Judge, Gwalior in RCS No.4000108/2016 in which counter claim preferred by the petitioners stands rejected with regard to Survey No.394 admeasuring 0.209 Hectare, Village Mehgaon, District Gwalior. According to respondents, by passing the judgment and decree dated 10.01.2022, controversy stands concluded and purpose of filing

this petition is over.

Learned counsel for the petitioners opposed the prayer on the ground that survey numbers and subject matters are different, therefore the petition still stands alive.

It is the submission of learned counsel for the respondents that if the civil suit is pending, then petition is not maintainable.

At the joint request of learned counsel for the parties, matter is placed on 28.04.2022 on hearing at motion stage.

Parties are directed to submit synopsis.

(ANAND PATHAK) JUDGE

AK/-

ANAND KUMAR 2022.04.21 12:06:11 +05'30'