Gora Bai vs Paramjeet Singh
2022 Latest Caselaw 9471 MP

                                                                  1
                                             IN THE HIGH COURT OF MADHYA PRADESH
                                                          AT JABALPUR
                                                                 BEFORE
                                                   HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                          ON THE 12th OF JULY, 2022

                                                      MISC. APPEAL No. 1717 of 2022

                                          Between:-
                                          GORA BAI W/O DHARMPRAKASH ARYA, AGED
                                          ABOUT 65 YEARS, OCCUPATION: HOUSE WIFE
                                          LIC COLONY BHOPAL NAKA TAHSIL AND
                                          DISTRICT SEHORE (MADHYA PRADESH)

                                                                                             .....APPELLANT
                                          (BY SHRI AVINASH ZARGAR, ADVOCATE)

                                          AND

                                  1       PARAMJEET SINGH S/O LATE SADHU SINGH,
                                          AGED   ABOUT     68  YEARS, OCCUPATION:
                                          AGRICULTURIST R/O VILLAGE THUNAKHURD,
                                          TAHSIL AND     DISTRICT   SEHORE    M.P.,
                                          PRESENTLY R/O 17 B HOUSE NO. A-6 PUNJABI
                                          BAAG GOVINDPURA RAISEN ROAD BHOPAL
                                          (MADHYA PRADESH)

                                  2.      OMPRAKASH MEENA S/O KALURAM MEENA ,
                                          AGED   ABOUT     46  YEARS, R/O VILLAGE
                                          BHAIRUPURA, TAHSIL HUZUR, DISTRICT
                                          BHOPAL (M.P.) (MADHYA PRADESH)

                                  3.      STATE OF MADHYA PRADESH THROUGH
                                          COLLECTOR,   SEHORE DISTRICT SEHORE
                                          (MADHYA PRADESH)

                                                                                          .....RESPONDENTS
                                          (BY SHRI DINESH UPADHYAY, ADVOCATE)

                                        This appeal coming on for hearing on admission on this day, the court
                                  passed the following:
                                                                   ORDER

Signature Not Verified SAN This miscellaneous appeal is filed by the defendant/appellant being

Digitally signed by TULSA SINGH Date: 2022.07.13 19:14:44 IST aggrieved of judgment dated 29/03/2022 passed by learned Principal District

Judge, Sehore in Regular Civil Appeal No.15A/2021 whereby learned Principal District Judge has made whole sole remand after accepting an application under Order 41 Rule 27 of CPC and formulating as many as 25 issues to be decided by the trial Court.

2. Parties are in agreement that after allowing an application under Order 41 Rule 27 of CPC, the matter requires remand but the only issue which is the bone of contention is whether plaintiff had given power of attorney to defendant No.2-Omprakash Meena who executed sale deed in favour of defendant No.1 i.e. present appellant in an arbitrary and fraudulent manner beyond the terms and conditions of the power of attorney and whether plaintiff

still has possession over the suit land and is being dispossessed illegally.

3. In view of aforesaid agreement between the parties, after arguing at length, it will be proper to modify the impugned judgment and direct the trial Court to decide the suit on these two issues after permitting rival parties to lead evidence within a reasonable period of 90 days from the date of receipt of copy of this order passed by this Court. It is directed that parties are since represented before this Court, shall appear before the trial Court on 28th July, 2022 and trial Court shall proceed to decide the suit in above terms within a period of 90 days.

4. In above terms, this miscellaneous petition is disposed of.

(VIVEK AGARWAL) JUDGE ts

Signature Not Verified SAN

Digitally signed by TULSA SINGH Date: 2022.07.13 19:14:44 IST