Rajendra Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 9922 MP

                                                         1
                                   IN THE HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                      BEFORE
                                    HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                                 ON THE 19th OF JULY, 2022

                                          SECOND APPEAL No. 861 of 2021

                              Between:-
                              RAJENDRA SINGH S/O SHRI MAHARAJ SINGH,
                              AGED    ABOUT   43   YEARS, OCCUPATION:
                              PROPRIETOR    M/S   SHRI     MANGALDAS
                              CONSTRUCTION, OCC. CONTRACTOR R/O
                              VILLAGE/POST CHINNOUNI KARAIRA TEHSIL
                              JAURA DISTT. MURENA M.P. (MADHYA
                              PRADESH)

                                                                                       .....APPELLANT
                              (BY SHRI RAJESH PRASAD DUBEY-ADVOCATE )

                              AND

                      1.      THE STATE OF MADHYA PRADESH THR.
                              EXECUTIVE     ENGINEER      IRRIGATION
                              DEPARTMENT DIVISION 2 SADA BETUL DISTT.
                              BETUL (MADHYA PRADESH)

                      2.      THE STATE OF M.P. THROUGH COLLECTOR
                              DISTT. BETUL (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                              (BY SHRI MUKUND AGARWAL-GOVERNMENT ADVOCATE FOR
                              STATE)

                            Th is appeal coming on for hearing this day, t h e court passed the
                      following:
                                                          ORDER

From bare perusal of the judgment & decree dated 15.01.2020 passed by learned 1st Additional District Judge, District-Betul passed in Civil Appeal No. 27/14 and 9/15, it is clear that the learned 1st Additional District Judge has set Signature SAN Not Verified aside the judgment & decree dated 30.07.2014 passed by learned trial Court Digitally signed by KUMARI PALLAVI and has remanded the matter to the trial Court for decision afresh. SINHA Date: 2022.07.20 12:11:35 IST

As such against the judgment & decree of remand, miscellaneous appeal is provided under Order 43 Rule 1 (u) CPC.

Hence, this second appeal is not maintainable against the judgment & decree of remand.

However, it is observed that the appellant is free to avail appropriate remedy against the impugned judgment & decree within a further period of 15 days. The Registry is directed to return the certified copy of the impugned judgment & decree dated 15.01.2020 after retaining its photocopy on record.

Registry is directed to send back the record of the Courts below immediately.

In view of the aforesaid, this second appeal is disposed off.

(DWARKA DHISH BANSAL) JUDGE Pallavi