Shanti Devi vs Sambhu Dayal Garg
2022 Latest Caselaw 17048 MP

                              1
 IN    THE     HIGH COURT OF MADHYA PRADESH
                     AT GWALIOR
                         BEFORE
      HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                ON THE 21 st OF DECEMBER, 2022
                 MISC. CIVIL CASE No. 694 of 2020

BETWEEN:-
1.    SHANTI DEVI S/O LATE SHRI BANKELAL GARG,
      AGED ABOUT 62 YEARS, R/O BIHARI JI KA PADAV,
      DISTRICT- MORENA (MADHYA PRADESH)

2.    NARENDRA KUMAR S/O LATE SHRI BANKELAL
      GARG, AGED ABOUT 44 YEARS, R/O BIHARI JI KA
      PADAV, DISTRICT- MORENA (MADHYA PRADESH)

3.    AMIT KUMAR S/O LATE SHRI BANKELAL GARG,
      AGED ABOUT 42 YEARS, BIHARI JI KA PADAV,
      DISTRICT- MORENA (MADHYA PRADESH)

4.    BABITA D/O LATE SHRI BANKELAL GARG, AGED
      ABOUT 48 YEARS, R/O CIRCUIT HOUSE, DISTRICT-
      MORENA (MADHYA PRADESH)

5.    KOMAL D/O BANKELAL, AGED ABOUT 45 YEARS,
      R / O AROTUM ROAD RATANBAGH COLONY,
      INDORE (MADHYA PRADESH)

                                                     .....APPLICANTS
(BY SHRI SHATRU DAMAN SINGH BHADAURIYA - ADVOCATE)

AND
1.    SAMBHU DAYAL GARG S/O LATE SHRI BAIJNATH
      PRASAD GARG, AGED ABOUT 50 YEARS, R/O
      BIHRI JI KA PADAV, DISTRICT- MORENA
      (MADHYA PRADESH)

2.    RAM KUMAR GARG DEATH THR LRS. (A)
      MUKESH GARG S/O LATE SHRI RAM KUMAR
      GARG, AGED ABOUT 31 YEARS, OCCUPATION:
      BUSINESS, R/O BIHARI JI KA PADAV, DISTRICT-
      MORENA (MADHYA PRADESH)

3.    RAM KUMAR GARG DEATH THR LRS. (B) SMT.
      KIRAN D/O LATE SHRI RAM KUMAR GARG, AGED
                            2
      ABOUT 38 YEARS, R/O MILL AREA ROAD,
      DISTRICT-MORENA (MADHYA PRADESH)

4.    RAM KUMAR GARG DEATH THR LRS. (C) SMT.
      DEEPAWLI SINGHAL D/O LATE SHRI RAM
      KUMAR GARG, AGED ABOUT 33 YEARS, R/O
      PAWAN VIHAR COLONY NEAR GOVT. SCHOOL
      KAILADEVI (RAJASTHAN)

5.    RAM KUMAR GARG DEATH THR LRS. (D) SMT.
      ANJANA MITTAL D/O LATE SHRI RAM KUMAR
      GARG, R/O TANSEN NAGAR GWALIOR (MADHYA
      PRADESH)

                                                              .....RESPONDENTS
(BY SHRI ABHISHEK SINGH BHADAURIYA - ADVOCATE FOR THE
RESPONDENT NO.1)

      This application coming on for hearing this day, the Court passed the

following:
                                     ORDER

With the consent of the both the parties, matter is heard finally. Learned counsel for the applicants submits that he does not want to press this MCC on merits and confined his arguments to extent that some breathing time may be given to them for vacating the suit premises till 1st of October, 2023.

The said prayer is not opposed by learned counsel for the respondent No.1, however, he submits that applicants be directed to deposit the complete rent of the suit premises on time.

In view of the aforesaid, this MCC is disposed of with a direction to the applicants to vacate the suit premises by 1st of October, 2023 and during this period, they will pay the complete rent as fixed by the trial Court and file an undertaking before the trial Court within three weeks from today, failing which the respondent/plaintiff will be entitled for execution of the judgment & decree passed by the Courts below.

(DEEPAK KUMAR AGARWAL) JUDGE rahul

Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d0cde4dee473fe 77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D487, serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD4AB9D159B55 575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2022.12.21 16:31:27 +05'30'