Smt Megha vs Krishna Kumar @ Kishun Kumar
2022 Latest Caselaw 3657 MP

                                                           1
                           IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                                        BEFORE
                                          HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                                ON THE 15th OF MARCH, 2022

                                           MISC. PETITION No. 5442 of 2019

                              Between:-
                              SMT MEGHA W/O SHRI PRADEEP DUBEY , AGED
                              ABOUT 25 YEARS, R/O WARD NO. 9 GARHI
                              MALHARA DISTT. CHHATARPUR (M.P.) (MADHYA
                              PRADESH)

                                                                                        .....PETITIONER
                              (BY SHRI J. L. SONI, ADVOCATE )

                              AND

                      1.      KRISHNA KUMAR @ KISHUN KUMAR S/O SHRI
                              KALICHARAN AHIRWAR , AGED ABOUT 42 YEARS,
                              R/O GARHI MALHARA TAH. MAHARAJPUR DISTT.
                              CHHATARPUR (M.P.) (MADHYA PRADESH)

                      2.      HARISHANKER DUBEY S/O SHRI BAIJNATH
                              DUBEY , AGED ABOUT 56 YEARS, R/O WARD NO. 9
                              GARHI MALHARA DISTT. CHHATARPUR (M.P.)
                              (MADHYA PRADESH)

                      3.      SANDEEP DUBEY S/O HARISHANKAR DUBEY ,
                              AGED ABOUT 25 YEARS, R/O WARD NO. 9 GARHI
                              MALHARA DISTT. CHHATARPUR (M.P.) (MADHYA
                              PRADESH)

                      4.      KISHORILAL TIWARI S/O SHRI VISHWANATH
                              PRASAD TIWARI , AGED ABOUT 77 YEARS, GARHI
                              MALHARA     TAH.     MAHARAJPUR      DISTT.
                              CHHATAPUR AT PRESENT C/O SHRI TULSIDAS
                              KHAMPARIA JALPA WARD KATNI (MADHYA
                              PRADESH)

                                                                                     .....RESPONDENTS
                              (BY SHRI L. N. SAKLAE, ADVOCATE )

                            This petition has come up for hearing on this day and the court passed the
                      following:
                                                           ORDER

Petitioner has filed this petition challenging order dated 23.9.2019. By impugned order, trial court has refused to give permission to defendant for using registered sale deed dated 13.5.2005 for collateral purposes. Said document is unregistered and not duly stamped.

Signature SAN Not Learned counsel for petitioner has relied on judgment reported in the case of Verified

Digitally signed by Bhanwarlal and others vs. Hiralal, 2001 (3) M.P.H.T 309. Relying on said MONSI M SIMON Date: 2022.03.16 16:19:23 IST

judgment, it is submitted that petitioner may be permitted to Exhibit the document and use it for collateral purposes showing her possession.

Case of Bhanwarlal (supra) was in respect of unregistered document. In this case sale deed dated 13.5.2005 was unregistered and same has not been duly

stamped. As document has not been duly stamped, therefore, it cannot be allowed to be used for any purpose.

In view of aforesaid, Misc. Petition is dismissed.

                                                                                   (VISHAL DHAGAT)
                                                                                        JUDGE
                      mms




Signature
 SAN      Not
Verified

Digitally signed by
MONSI M SIMON
Date: 2022.03.16
16:19:23 IST