Smt. Renu Sarathe vs The State Of Madhya Pradesh
2022 Latest Caselaw 15978 MP

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                                       IN THE HIGH COURT OF MADHYA                                PRADESH
                                                    AT JABALPUR
                                                          BEFORE
                                   HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
                                                     ON THE 2 nd OF DECEMBER, 2022
                                                     MISC. PETITION No. 5131 of 2022

                                  BETWEEN:-
                                  SMT. RENU SARATHE W/O LATE JUGRAJ SARATHE
                                  OCCUPATION: HOUSE WIFE R/O PLOT NO. 36/118
                                  RANIPUR MADAN MAHAL (MADHYA PRADESH)

                                                                                                   .....PETITIONER
                                  (BY SMT SAROJ DEHARIYA - ADVOCATE)

                                  AND
                                  1.    THE STATE OF MADHYA PRADESH THROUGH
                                        COLLECTOR JABALPUR (MADHYA PRADESH)

                                  2.    SAKSHAM ADHIKARI, URBAN LAND CLELING
                                        COLLECTORATE JABALPUR (MADHYA PRADESH)

                                  3.    TEHSILDAR(NAZUL), RANIPUR MADAN MAHAL,
                                        COLLECTORATE JABALPUR (MADHYA PRADESH)

                                  4.    REVENUE       INSPECTOR(NAZUL), RANIPUR,
                                        REVENUE CIRCLE COLLECTORATE JABALPUR
                                        (MADHYA PRADESH)

                                  5.    PATWAR I(N AZUL), PATWARI HALKA NO. 5
                                        RANIPUR    MADAN     MAHAL COLLECTORATE
                                        JABALPUR (MADHYA PRADESH)

                                                                                                 .....RESPONDENTS
                                  (BY SHRI PRAVEEN NAMDEO - GOVERNMENT ADVOCATE)

                                        This petition coming on for admission this day, th e court passed the
                                  following:
Signature Not Verified
  SAN
                                                                     ORDER

Heard on the question of admission and interim relief. Digitally signed by VINAY KUMAR BURMAN Date: 2022.12.05 18:03:42 IST

In this petition under Article 227 of the Constitution of India, the

petitioner seeks issuance of writ of 'Mandamus' directing the respondents to comply with the judgment and decree passed by the Court below and muted her name in revenue records.

Learned counsel for the petitioner contended that the petitioner had filed a civil suit seeking declaration and permanent injunction in respect of bearing Khasra No.42/4, Serial No.401, P.C.No.25, Madan Mahal Ward Ranipur, Jabalpur. The suit was allowed vide judgment and decree dated 27.10.2016. Thereafter, being aggrieved, the respondents filed Civil Appeal No.237/2016, which was dismissed vide Order dated 19.07.2018 holding that the learned trial Court has not committed any error in passing the judgment and decree. The

respondents thereafter did not preferred any second appeal. Therefore, the judgment and decree became final. The petitioner, thereafter, filed an execution case before the Executing Court, which was registered as Execution Case No.217/2018, which was dismissed by the executing Court holding that the same is beyond jurisdiction of this Court. Being aggrieved, the petitioner preferred an Miscellaneous Appeal No.43/2020 before the Additional District Judge, Jabalpur, which came to be withdrawn on 28.06.2022.

By filing the present writ petition, the petitioner is seeking implementation of judgment and decree. It is admitted position that the execution case has been dismissed by the Courts below. Even the appeal was withdrawn by the petitioner. This Court is afraid that such a direction for implementing judgment and decree can be issued in exercise of writ jurisdiction under Article 226 of the Constitution of India.

Signature Not Verified SAN Accordingly, this petition being bereft of merit and substance, is hereby

Digitally signed by VINAY KUMAR BURMAN dismissed at the admission stage itself. Date: 2022.12.05 18:03:42 IST

(S. A. DHARMADHIKARI) JUDGE vinay*

Signature Not Verified SAN

Digitally signed by VINAY KUMAR BURMAN Date: 2022.12.05 18:03:42 IST