Umesh Pagare vs Avtar Singh
2022 Latest Caselaw 16349 MP

                                                                  1
                           IN    THE       HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                   BEFORE
                                  HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                             ON THE 9 th OF DECEMBER, 2022
                                             SECOND APPEAL No. 183 of 2017

                    BETWEEN:-
                    UMESH PAGARE S/O LATE RAM PAGARE, AGED ADULT, R/O I-15,
                    SIDDHARTH ENCLAVE, 3RD FLOOR, NARELA SHANKARI,
                    BHOPAL (MADHYA PRADESH)

                                                                                              .....APPELLANT
                    (BY SHRI ANKIT SAXENA, ADVOCATE )

                    AND
                    AVTAR SINGH S/O LATE JAGJEET SINGH, AGED ABOUT 47
                    YEAR S , H.NO.15 SHRI RAM COLONY, NARELA SHANKARI,
                    PIPLANI BHOPAL (MADHYA PRADESH)

                                                                                           .....RESPONDENTS
                    (NONE )

                           This appeal coming on for admission this day, the Court passed the following:
                                                             ORDER

This second appeal has been preferred against the judgment and decree of remand dated 30.1.2017 passed in RCA No.270/2016 by 12th Additional District Judge, Bhopal.

The judgment and decree dated 30.1.2017 is a judgment of remand, therefore, no second appeal lies against the same and miscellaneous appeal under Section 43(1)(u) of the C.P.C. is maintainable.

At this stage, learned counsel for the appellant prays for withdrawal of this second appeal with liberty to file a miscellaneous appeal against the judgment and decree dated 30.1.2017.

Signature Not Verified Prayer being reasonable is accepted. Signed by: ASHISH KOSHTA Signing time: 12/9/2022 6:36:12 PM

Looking to the aforesaid prayer, the second appeal is permitted to be withdrawn. Registry is directed to return the certified copy of the impugned judgment and decree dated 30.1.2017 after retaining copy of the same in the file. Registry is further directed to return the record of the Courts below immediately for compliance of the judgment and decree of remand.

With the aforesaid liberty, the second appeal is disposed of.

(DWARKA DHISH BANSAL) JUDGE ak

Signature Not Verified Signed by: ASHISH KOSHTA Signing time: 12/9/2022 6:36:12 PM