Madanlal vs Commissioner
2022 Latest Caselaw 4116 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                                                    MP No. 1149 of 2022
                                                     (MADANLAL AND OTHERS Vs COMMISSIONER AND OTHERS)

                         Dated : 24-03-2022
                                     Shri Shyam Yadav, learned counsel for the petitioner.
                                     Shri Rohit Jain, learned Govt. Advocate for the respondent/State.

Issue notice to the respondents on payment of process fee within seven working days by RAD mode, failing which this petition shall stand dismissed without further reference to this Court.

Heard on I.A.No.3186/2022 which is an application for stay.

It is pointed out that the order has been passed by the Tehsildar in the year 2002 on the basis of the settlement entered into between the parties in pursuance to the judgment and decree passed by the Trial Court in Civil Suit No.101A/95 dated 23.01.1999. The first appeal against the same has also been rejected. Initially in the second appeal, there was an interim order not to pass a final order with respect to partition of property but subsequently, the second appeal has been withdrawn in view of the settlement entered into between the parties. Now after a lapse of 14 years, the challenge has been made to the order passed by the Tehsildar pointing out the fact that they were not aware of the order passed by the Tehsildar. Appeal was filed along with the application under Section 5 of the Limitation Act,

but the appeal was rejected and the Commissioner has allowed the appeal vide impugned order.

Looking to the overall facts and circumstances of the case, the effect and operation of the impugned order dated 03.02.2022 passed by the Commissioner Sagar, District Sagar is hereby stayed, till the next date of hearing.

List the matter in the week commencing 25.04.2022. Certified copy as per rules.

(VISHAL MISHRA) JUDGE

AM

Signature Not Verified SAN

Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2022.03.25 13:51:43 IST