Mohd. Irshad vs Sheikh Kallu Alias Jan Mohd.
2022 Latest Caselaw 9238 MP

                                                              1
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                             BEFORE
                                               HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                       ON THE 9th OF JULY, 2022

                                                   MISC. APPEAL No. 3485 of 2017

                                       Between:-
                                  1.   MOHD. IRSHAD S/O LATE RAMJAN , AGED
                                       ABOUT 48 YEARS, R/O. VILL. PIPARIYA POST
                                       PONDA TEH. MAJHOLI DISTT. JABALPUR
                                       (MADHYA PRADESH)

                                  2.   SHEIKH SADIK S/O LATE RAMJAN , AGED
                                       ABOUT 52 YEARS, VILLAGE PIPARIYA POST
                                       PONDA TEHSIL MAJHOLI (MADHYA PRADESH)

                                  3.   SHEIKH JALEEL S/O LATE RAMJAN DIED
                                       DURING APPEAL THROUGH HIS LEGAL HEIR
                                       SMT SADDO W/O LATE SHIEKH JALEEL , AGED
                                       ABOUT 62 YEARS, VILLAGE PIPARIYA POST
                                       PONDA TEHSIL MAJHOLI (MADHYA PRADESH)

                                  4.   SMT. SADDO, W/O LATE SHIEKH JALEEL, AGED
                                       ABOUT 62 YEARS, VILLAGE PIPARIYA POST
                                       PONDA TEHSIL MAJHOLI (MADHYA PRADESH),

                                       5.  CHANDU S/O LATE SHIEKH JALEEL, AGED
                                       ABOUT 45 YEARS, VILLAGE PIPARIYA POST
                                       PONDA TEHSIL MAJHOLI (MADHYA PRADESH)

                                  6.   SHEIKH IQBAL S/O LATE SHIEKH JALEEL ,
                                       AGED ABOUT 32 YEARS, VILLAGE PIPARIYA
                                       P O S T PONDA TEHSIL MAJHOLI (MADHYA
                                       PRADESH)

                                  7.   SMT KURAISHA D/O LATE SHEIKH JALEEL ,
                                       AGED ABOUT 42 YEARS, SAGAR MP THROUGH
                                       SADDO PIPARIYA POST PODA TAHSIL MAJHOLI
                                       (MADHYA PRADESH)

                                  8.   SMT MUSSO W/O MAHMOOD , AGED ABOUT 40
                                       Y E A R S , PAN  UMARIYA      TEHSILK
                                       DHEEMARKHEDA (MADHYA PRADESH)
Signature Not Verified

                                  9.   SMT AKHTARI BEGAM D/O LATE SHEIKH
  SAN




Digitally signed by TULSA SINGH
                                       JALEEL , AGED ABOUT 38 YEARS, BADKHERA
Date: 2022.07.09 19:34:53 IST
                                       TAHSIL AND DISTRICT KATNI THROUGH SMT
                                       SADDO PIPARIYA POST PODA (MADHYA
                                                                   2
                                          PRADESH)

                                  10.     SMT ASHA W/O LATE SHEIKH JALEEL , AGED
                                          ABOUT 36 YEARS, PIPARIYA   POST PONDA
                                          TEHSIL MAJHOLI (MADHYA PRADESH)

                                  11.     SMT ANNI W/O MOHD AKHTAR , AGED ABOUT
                                          34  YEARS, PANCHAM MOHALLA KATANGI
                                          TEHSIL PATAN (MADHYA PRADESH)

                                                                                            .....APPELLANTS
                                          (NONE FOR THE APPELLANTS)

                                          AND

                                  1.      SHEIKH KALLU ALIAS JAN MOHD. S/O SHEIKH
                                          KADIR OCCUPATION: KASTKAR AND GAS
                                          BELDER R/O. TAIBA MEDICAL AND NEAR
                                          JAKIR KIRANA SHOP 916 QUARTER SHASHTRI
                                          WARD JABALPUR (MADHYA PRADESH)

                                  2.      MOHD HUSSAIN S/O SHEIKH JAHID , AGED
                                          ABOUT 40 YEARS, OCCUPATION: KASTKAR
                                          VILLAGE PIPARIYA POST PODA TEHSIL
                                          MAJHOLI SIHORA (MADHYA PRADESH)

                                  3.      SHEIKH AYUB S/O SHEIKH JAHID , AGED
                                          ABOUT 38 YEARS, OCCUPATION: KASTKAR
                                          VILLAGE PIPARIYA POST PODA TEHSIL
                                          MAJHOLI SIHORA (MADHYA PRADESH)

                                  4.      SHEIKH SHAKEEL S/O SHEIKH JAHID , AGED
                                          ABOUT 42 YEARS, OCCUPATION: KASTKAR
                                          VILLAGE PIPARIYA POST PODA TEHSIL
                                          MAJHOLI SIHORA (MADHYA PRADESH)

                                  5.      SHEIKH KHALIL S/O LATE SHIEKH JAHID ,
                                          AGED ABOUT 35 YEARS, VILL.PIPARIYA, POST
                                          PODA,   TEH.MAJHOLI,     DISTT.JABALPUR
                                          (MADHYA PRADESH)

                                                                                          .....RESPONDENTS
                                          (BY SHRI RAVI SHANKAR SAHU, ADVOCATE FOR RESPONDENT
                                          NO.1)

Signature Not Verified
                                        This appeal coming on for admission on this day, the court passed the
  SAN


                                  following:
Digitally signed by TULSA SINGH
Date: 2022.07.09 19:34:53 IST
                                                                   ORDER

Perused the impugned judgment dated 26/07/2017 passed in Civil Appeal No.11A/2017 remanding the matter to the trial Court after observing that ex- parte proceedings against respondent No.6-Sheikh Khaleel were drawn in arbitrary and illegal manner, therefore, matter was remanded, does not appear to be illegal and arbitrary in the facts and circumstances of the case.

Accordingly, this appeal fails and is hereby dismissed.

(VIVEK AGARWAL) JUDGE ts

Signature Not Verified SAN

Digitally signed by TULSA SINGH Date: 2022.07.09 19:34:53 IST