Gyanvati Rai vs Harjit Oberoi
2022 Latest Caselaw 2828 MP

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     IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                  BEFORE
                 HON'BLE SHRI JUSTICE ARUN KUMAR SHARMA
                           ON THE 28th OF FEBRUARY, 2022

                      REVIEW PETITION No. 278 of 2022

         Between:-
1.       GYANVATI RAI W/O LATE PRAKASH RAI , AGED
         ABOUT 82 YEARS, OCCUPATION: PRIVATE WORK
         R/O HOUSE NO. 610 , 32 DENNING ROAD SOUTH
         CIVIL LINES JABALPUR (MADHYA PRADESH)

2.       PALASH RAI S/O LATE PRAKASH RAI , AGED
         ABOUT 50 YEARS, OCCUPATION: HOUSE WIFE R/O
         HOUSE NO. 610 , 32 DENNING ROAD SOUTH CIVIL
         LINES JABALPUR (MADHYA PRADESH)

                                                                     .....PETITIONER
         (Shri Ajay OJha, learned counsel for the petitioners. )

         AND

         HARJIT OBEROI S/O SHRI MAKHAN SINGH
         OBEROI , AGED ABOUT 60 YEARS, OCCUPATION:
         NIL R/O 1061 RIDGE ROAD JABALPUR (MADHYA
         PRADESH)

                                                                   .....RESPONDENTS


      This review petition coming on admission on this day, the court passed

the following:
                                         ORDER

This petition has been filed for modification of order dated 15/02/2022 passed in M.P. No. 139/2022.

Learned counsel for the petitioners submits that he has filed M.P. No. 139/2022 for directing learned Civil Judge to decide MJC No. 1361/2019 (which was an application under Order 9 Rule 13 of CPC for setting aside ex-party judgment) pending before 2nd Civil Judge Senior Division for setting aside ex- party judgment and decree dated 22/07/2019 on preferential basis within a period of three months for taking any decision on Execution Case No. 111/2019 pending before 20th Civil Judge Class 2, Jabalpur in the interest of justice. However, inadvertently, in the said order it could not be clearly mentioned. Hence, learned counsel for the petitioners prays for modification of the said order.

Looking to the aforesaid facts and circumstances of the case, this review

petition is allowed and concluding para of the said order is hereby modified to the extent that in place of " it is hereby directed to the trial Court to decide the case No. EXA 111/2019 of MJC No. 1361/2021 pending before 20th Civil Judge, Class 2, Jabalpur within a period of three months from the date certified copy of the

order passed today." shall be read as "it is hereby directed to the trial Court to decide MJC No. 1361/2019 (which was an application under Order 9 Rule 13 of CPC for setting aside ex-party judgment) pending before 2nd Civil Judge Senior Division for setting aside ex-party judgment and decree dated 22/07/2019 on preferential basis within a period of three months for taking any decision on Execution Case No. EXA 111/2019 pending before 20th Civil Judge Class 2, Jabalpur."

This order shall be read conjointly with order dated 15/02/2022 passed in MP No. 139/2022.

Let a copy of this order be kept in the record of MP No. 139/2022. Certified copy as per rules.

(ARUN KUMAR SHARMA) JUDGE vkv /-

Signature Not Verified SAN

Digitally signed by VINAY KUMAR VERMA Date: 2022.03.02 17:33:53 IST