Sachin vs Nathu
2022 Latest Caselaw 3202 MP

  IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
                                  BEFORE
                  HON'BLE SHRI JUSTICE ANIL VERMA

                          ON THE 7th OF MARCH, 2022

                  MISC. PETITION No. 1473 of 2021

  Between:-
  SACHIN S/O DAYARAM , AGED ABOUT 35 YEARS, OCCUPATION:
  AGRICULTURE GRAM - SONWADA TEH. BHIKANGAON (MADHYA
  PRADESH)
                                                        .....PETITIONER
  (None for petitioner)

  AND

   NATHU S/O MAYARAM YADAV , AGED ABOUT 59 YEARS,
1. OCCUPATION:     AGRICULTURE    GRAM-SONWADA   TEH.
   BHIKANGAON (MADHYA PRADESH)
   GAJANAND S/O MAYARAM YADAV , AGED ABOUT 53 YEARS,
2. OCCUPATION:    AGRICULTURE   GRAM     SONVADA TEH.
   BHIKANGAON DISTT. KHARGONE (MADHYA PRADESH)
   BHAGWAN S/O MAYARAM YADAV , AGED ABOUT 51 YEARS,
3. OCCUPATION:    AGRICULTURE   GRAM     SONVADA TEH.
   BHIKANGAON DISTT. KHARGONE (MADHYA PRADESH)
   SHANKAR S/O MAYARAM YADAV , AGED ABOUT 47 YEARS,
4. OCCUPATION:    AGRICULTURE   GRAM     SONVADA TEH.
   BHIKANGAON DISTT. KHARGONE (MADHYA PRADESH)
   STATE OF M.P. THROUGH COLLECTOR KHARGONE (MADHYA
5.
   PRADESH)
                                                      .....RESPONDENTS
  (By Shri Pankaj Ajmera, Advocate)
This Misc. Petition coming on this day, the court passed the following:

                                  ORDER

Heard on the question of maintainability.

On perusal of the documents filed by petitioner it reveals that the first appellate court has passed the impugned judgment dated 19.2.2021 in the first appeal filed by respondents under Section 96 of CPC. The petitioner challenged the impugned judgement by preferring this Misc. Petition under Article 227 of the Constitution of India.

In this matter as per Section 100 of CPC, second appeal shall lie, and therefore, this Misc petition under Article 227 of the Constitution of India is not maintainable against the judgment passed by the first appellate court.

In view of the above, the present Misc. petition is dismissed.

(Anil Verma) Judge BDJ

Digitally signed by BHUVNESHWAR DATT JOSHI Date: 2022.03.07 17:54:18 +05'30'