Mohd. Basheer Khan (Dead) Thr. ... vs Municipal Corporation Bhopal
2022 Latest Caselaw 8026 MP

                                                                1
                                            IN THE HIGH COURT OF MADHYA PRADESH
                                                         AT JABALPUR
                                                               BEFORE
                                                 HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                         ON THE 17th OF JUNE, 2022

                                                     MISC. APPEAL No. 3570 of 2019

                                         Between:-
                                    1.   MOHD. BASHEER KHAN (DEAD) THR. LRS.
                                         MOHD. ZAHEER KHAN S/O LATE MOHD.
                                         BASHEER KHAN , AGED ABOUT 59 YEARS,
                                         OCCUPATION:   BUSINESS  PEBANDIPURA
                                         JAHANGIRABAD BHOPAL PRESENT R/O 198/A
                                         ASHOKA GARDEN NEAR POLICE STATION
                                         BHOPAL (MADHYA PRADESH)

                                    2.   MOHD. MUSHEER KHAN S/O LATE MOHD.
                                         BASHEER KHAN , AGED ABOUT 46 YEARS,
                                         OCCUPATION:   BUSINESS  PEBANDIPURA
                                         JAHANGIRABAD BHOPAL PRESENT R/O 198/A
                                         ASHOKA GARDEN NEAR POLICE STATION
                                         BHOPAL (MADHYA PRADESH)

                                                                                      .....APPELLANTS
                                         (BY SHRI RIYAZ MOHAMMAD, ADVOCATE FOR THE
                                         APPELLANTS)

                                         AND

                                    1.   MUNICIPAL CORPORATION BHOPAL THR.
                                         COMMISSIONER MUNICIPAL CORPORATION
                                         BHOPAL (MADHYA PRADESH)

                                    2.   STATE OF MADHYA PRADESH THROUGH
                                         NAZUL OFFICER OLD SECRETARIYA, BHOPAL
                                         (MADHYA PRADESH)

                                    3.   SMT SHAKEELA D/O LATE BASHEER KHAN 15
                                         PEBANDIPURA, JAHANGIRABAD (MADHYA
                                         PRADESH)

                                                                                     .....RESPONDENTS
                                         (BY MS. ANKITA KHARE, ADVOCATE FOR RESPONDENT NO.1)
Signature Not Verified                   (BY MRS. SWATI ASEEM GEORGE, PANEL LAWYER FOR
                                         RESPONDENT NO.2)
  SAN




Digitally signed by APARNA TIWARI
                                         (BY SHRI ISHTEYAQ HUSAIN, ADVOCATE FOR RESPONDENT
Date: 2022.06.17 18:07:45 IST
                                         NO.3)
                                                                          2
                                          Th is appeal coming on for hearing this day, t h e court passed the
                                    following:
                                                                          ORDER

Appellants are aggrieved of judgment dated 04.05.2019, passed by learned Second Additional District Judge, Bhopal in Regular Civil Appeal No.36/2015 whereby learned Additional District Judge has remanded the matter to the trial Court for impleading respondent No.3 as a party and then decide the appeal afresh.

It is submitted that respondent No.3 being sister of appellants could have been impleaded as a party in an appeal, which was filed by the Municipal

Corporation, as respondent No.3, as she is one of the legal heirs of the original plaintiff namely Md. Basheer Khan and consequences of the outcome of the appeal will be binding on all the legal heirs of Md. Basheer Khan but learned Appellate Court instead of deciding the appeal on its own merits has remanded the matter to the trial Court in an arbitrary and illegal manner.

Ms. Ankita Khare, counsel for Municipal Corporation/ Respondent No.1 is in agreement that no useful purpose is going to be served by maintaining the remand order inasmuch as this being appeal filed by the Municipal Corporation, Bhopal, rights and liabilities of the parties will be subject to outcome of the appeal.

Shri Ishteyaq Husain, counsel for respondent No.3 in the present miscellaneous appeal admits that his client is only one of the legal heirs of Md. Basheer Khan. If appeal filed by the Municipal Corporation succeeds then it will be binding on all the legal heirs of Md. Basheer Khan. If the appeal fails then all Signature Not Verified

the legal heirs of Md. Basheer Khan will be free to stake their individual claims SAN

Digitally signed by APARNA TIWARI Date: 2022.06.17 18:07:45 IST qua other two legal heirs i.e. present appellants in appropriate proceedings or

settle claims mutually as the case may be. This fact is not disputed by Shri Ishteyaq Husain, counsel for respondent No.3.

In view of such facts, no useful purpose is going to be served by keeping this appeal pending. Impugned judgment dated 04.05.2019 is hereby quashed. Matter is remitted to the learned Second Additional District Judge, Bhopal to decide the appeal on its own merits after permitting respondent No.3 herein to be impleaded as a party before the Appellate Court itself.

In above terms, appeal is disposed of.

Interim orders, if any, shall stand vacated.

(VIVEK AGARWAL) JUDGE AT

Signature Not Verified SAN

Digitally signed by APARNA TIWARI Date: 2022.06.17 18:07:45 IST