Raj Kumar Jain (Pandya) vs Kranti Kumar Jain
2022 Latest Caselaw 4616 MP

                                                                     1
                                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                                    AT GWALIOR
                                                                 FA No. 420 of 2022
                                        (RAJ KUMAR JAIN (PANDYA) AND OTHERS Vs KRANTI KUMAR JAIN AND OTHERS)

          Dated : 31-03-2022
                           Shri Santosh Agrawal, learned counsel for the appellants.

                           Shri Sanjay Kumar Sharma, learned GA for respondent No. 6/State.

Heard on admission as well as I.A.No. 1182/2022 and 1181/2022, which are the applications seeking leave of this Court to be impleaded as party-appellant and an application under Order XLI Rule 5 of CPC, respectively.

Let record of the Court below be called for.

It is the submission of learned counsel for the appellants that appellant No. 2 moved I.A.No. 1182/2022 as she intends to be impleaded as party-appellant because she was not one of the parties in the litigation; whereas, she was a necessary party.

As regards, I.A.No. 1181/2022, he submits that in pursuance to judgment and decree dated 22/12/2021, Commissioner, Municipal Corporation, Guna may divide the property and give possession to plaintiff -Kranti Kumar Jain (respondent No. 1 herein) and this would change the nature of property substantially and would cause irreparable loss to the appellants. He relied upon decision of Apex Court in

the matter of Maharwal Khewaji Trust (Regd.), Faridkot Vs. Baldev Dass, (2004) 8 SCC 488 in support of his submissions.

Issue notice to the respondents by RAD post on payment of process fee within seven working days, failing which appeal shall stand dismissed without further reference to the Court. Notice be made returnable within four weeks.

Till next date of hearing, CMO, Guna may continue with the process of partition but shall not finalize it without leave of this Court.

List after service of notice.

Certified copy as per rules.

(ANAND PATHAK) JUDGE

JPS/-

JAI Digitally signed by JAI PRAKASH SOLANKI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001,

PRAKASH st=Madhya Pradesh, 2.5.4.20=287738d30aabaeda9b10cecdf179cec865c763 3f4cfb9e38ce14fcbb05b9522a, pseudonym=560BC50AD082B9BE54EE290EC8CB21937 80D8357,

SOLANKI serialNumber=8D6BC1C9FCE36623D0BD6B8072A2D8C 01433EBD48AE4F609F108CA8F8DE6B522, cn=JAI PRAKASH SOLANKI Date: 2022.04.01 09:31:50 +05'30'