Smt. Halima Mansoori vs Gayasuddin (Dead) Through Lrs. ...
2022 Latest Caselaw 16588 MP

                                                        1
                            IN    THE     HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                    BEFORE
                                   HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                           ON THE 14 th OF DECEMBER, 2022
                                            MISC. PETITION No. 352 of 2019

                           BETWEEN:-
                           1.    SMT. HALIMA MANSOORI W/O LATE SHEIKH
                                 BAFATI, AGED ABOUT 52 YEARS, OCCUPATION:
                                 HOUSEWIFE R/O H.NO. 1162 BEHNA MOHALLA
                                 DR. GEORGE DISALVA WARD GORAKHPUR
                                 JABALPUR TEH. AND DISTT. JABALPUR M.P.
                                 (MADHYA PRADESH)

                           2.    HASAN MANSOORI S/O LAE SHEIKH BAFATI,
                                 AGED ABOUT 32 YEARS, OCCUPATION: TAILOR
                                 R/O H.NO 1162, BEHNA MOHALLA, DR. GEORGE
                                 DISALVA WARD, GORAKHPUR, JABALPUR,
                                 TEHSIL AND DISTRICT JABALPUR (MADHYA
                                 PRADESH)

                           3.    IFU MANSOORI S/O LATE SHEIKH BAFARI, AGED
                                 ABOUT 29 YEARS, OCCUPATION: TAILOR R/O
                                 H.NO.1162, BEHNA MOHALLA. DR. GEOGE
                                 DISALVA WARD, GORAKHPUR, JALAPUR, TEHSIL
                                 AND DISTRICT JABALPUR (MADHYA PRADESH)

                                                                              .....PETITIONER
                           (BY SHRI GAURAV KESHARWANI-ADVOCATE ON BEHALF OF MS. C.V.
                           RAO-ADVOCATE )

                           AND
                           1.    GAYASUDDIN (DEAD) THROUGH LRS. SMT.
                                 PARVEEN BANO W/O LATE GYASUDDIN, AGED
                                 ABOUT 56 YEARS, R/O 1161 BEHNA MOHALLA DR.
                                 GEORGE     DISALVA     WARD    GORAKHPUR
                                 JABALPUR M.P. (MADHYA PRADESH)

                           2.    GOLU MANSOORI S/O LATE GYASUDDIN, AGED
                                 ABOUT 28 YEARS, R/O H.NO. 1161 BEHNA
                                 MOHALLA DR. GEORGE DISALVA WARD
                                 GORAKHPUR JABALPUR (MADHYA PRADESH)

                           3.    KAJIM MANSOORI S/O LATE GYASUDDIN, AGED
Signature Not Verified
                                 ABOUT 25 YEARS, R/O 1161 BEHNA MOHALLA DR.
Signed by: S HUSHMAT
HUSSAIN
Signing time: 12/15/2022
1:11:18 PM
                                                          2
                                  GEORGE    DISALVA    WARD    GORAKHPUR
                                  JABALPUR M.P. (MADHYA PRADESH)

                           4.     SHAKEEL @ PAPPI S/O LATE SHEIKH SHAFI, AGED
                                  ABOUT 38 YEARS, R/O H. NO. 1163 BEHNA
                                  MOHALLA DR. GEORGE DISALVA WARD
                                  GORAKHPUR JABALPUR (MADHYA PRADESH)

                                                                                         .....RESPONDENTS
                           (BY SHRI S.K. SAINI-ADVOCATE FOR RESPONDENT-1)

                                  This petition coming on for admission this day, th e court passed the
                           following:
                                                                ORDER

Instead of pressing I.A. filed under Order 8 Rule 1 read with section 151 of CPC dated 08.05.2018, which has been dismissed by the order dated

23.07.2018 (Annexure P/7), which is impugned in the present miscellaneous petition, learned counsel for the petitioners prays for withdrawal of this petition with liberty to move an application under Section 24 of the CPC before the District Judge, Jabalpur for hearing of pending two civil suits nos.198-A/2014 and 9-A/2015 together by the same Court just with a view to avoid passing of conflicting judgments, which may be passed in both the civil suits, which are pending before two different Courts, between the same parties and with regard to same property.

2. Prayer being reasonable is accepted.

3. For the said purpose, learned counsel for the petitioners is directed to move an application under Section 24 of CPC on or before 19.12.2022, if such an application is filed then, it is further directed that till the decision of the application under Section 24 of CPC, trial Court shall not pass final judgment in the civil suit in question.

4. Accordingly, this miscellaneous petition is dismissed a s withdrawn

Signature Not Verified Signed by: S HUSHMAT HUSSAIN Signing time: 12/15/2022 1:11:18 PM

with the aforesaid observation.

5. Interim application(s), if any, shall stand disposed off.

(DWARKA DHISH BANSAL) JUDGE sh

Signature Not Verified Signed by: S HUSHMAT HUSSAIN Signing time: 12/15/2022 1:11:18 PM