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Ganesh Ram vs Tulsiram
2022 Latest Caselaw 8766 MP

Citation : 2022 Latest Caselaw 8766 MP
Judgement Date : 1 July, 2022

Madhya Pradesh High Court
Ganesh Ram vs Tulsiram on 1 July, 2022
Author: Atul Sreedharan
                                                                      1
                                                  IN THE HIGH COURT OF MADHYA PRADESH
                                                               AT JABALPUR
                                                                    BEFORE
                                                     HON'BLE SHRI JUSTICE ATUL SREEDHARAN
                                                               ON THE 1st OF JULY, 2022

                                                       REVIEW PETITION No. 744 of 2022

                                             Between:-
                                     1.      GANESH RAM S/O SHRI SUKHLAL , AGED
                                             ABOUT       66      YEARS, OCCUPATION:
                                             AGRICULTURIST VILLAGE AGARIYA KHURD
                                             GAIRATGANJ   DISTT.  RAISEN   (MADHYA
                                             PRADESH)

                                     2.      GOVIND GURJAR S/O LATE SHRI KESHAR
                                             SINGH GURJAR , AGED ABOUT 36 YEARS,
                                             OCCUPATION: AGRICULTURIST R/O VILLAGE
                                             AGARIYA KHURD GAIRATGANJ DISTRICT
                                             RAISEN M.P. (MADHYA PRADESH)

                                                                                                 .....PETITIONER
                                             (BY SHRI DHARMENDRA SONI, ADVOCATE)

                                             AND

                                     1.      TULSIRAM S/O LATE SHRI IMRAT SINGH
                                             KACHHI   ,  AGED   ABOUT    36   YEARS,
                                             OCCUPATION:   AGRICULTURIST    VILLAGE
                                             AGARIYA KHURD GAIRATGANJ DISTT. RAISEN
                                             (MADHYA PRADESH)

                                     2.      STATE OF MADHYA PRADESH THROUGH
                                             COLLECTOR RAISEN DISTRICT RAISEN M.P.
                                             (MADHYA PRADESH)

                                                                                               .....RESPONDENTS
                                             (BY SHRI AKASH VISHWKARMA, ADVOCATE )

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

Signature Not Verified SAN The present petition has been filed by the petitioner for review of the

Digitally signed by SHYAMLEE SINGH SOLANKI order dated 15.6.2022 by which M.P.No.152/2021 was dismissed as Date: 2022.07.04 11:15:42 IST

infructuous. In that case, Mr.Dharmendra Soni appeared on behalf of the respondent nos. 1 and 2 while the counsel for the petitioner was Mr.K.B.Vishwakarma.

Mr.Soni appearing on behalf of the respondent and made a submission that the petition has become infructuous as the final judgment has already been passed by the Trial Court in the civil suit. On the basis of the submission made by Mr.Soni, the petition was dismissed as infructuous. Within 6 days of the passing of the order, the respondents in MP.152/2021 through Mr. Soni have filed the present review petition. He at the very outset has apologized to this Court that on account of a communication gap between the local counsel and

himself, he made an erroneous statement on 15.6.2022 that the civil suit pending before the Trial Court had been disposed of. Subsequently, upon coming to know that the civil suit is still pending he has promptly within 5 days filed the present review petition.

This Court appreciates the promptness with which this review petition has been filed by the learned counsel for the respondents in M.P.No.152/2021.

The Court accepts the explanation given by the learned counsel as a probable cause for having made that statement and allows this review petition. The effect of which is restoration of M.P.No.152/2021.

The review petition stands disposed of in the above circumstances.

(ATUL SREEDHARAN) Signature Not Verified JUDGE SAN ss

Digitally signed by SHYAMLEE SINGH SOLANKI Date: 2022.07.04 11:15:42 IST

 
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