Rajkishore Trivedi vs Mayor Municipal Corporation ...
2022 Latest Caselaw 14089 MP

                                                           1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                          BEFORE
                                        HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                                ON THE 1st OF NOVEMBER, 2022

                                             SECOND APPEAL No. 465 of 2009

                                  BETWEEN:-
                                  RAJKISHORE TRIVEDI S/O SUKDEV PRASAD
                                  TRIVEDI,  AGED    ABOUT   37   YEARS,
                                  OCCUPATION:    AGRICULTURIST    VILL.
                                  DIDOUDH, TEH. RAGHURAJNAGAR, DISTRICT
                                  SATNA (MADHYA PRADESH)

                                                                                       .....APPELLANT
                                  (BY SHRI S.K. MISHRA, ADVOCATE)

                                  AND
                          1.      MAYOR MUNICIPAL CORPORATION SATNA
                                  (MADHYA PRADESH)

                          2.      COMMISSIONER MUNICIPAL COUNCIL SATNA
                                  (MADHYA PRADESH)

                          3.      SANJAY SINGH S/O GAJRAJ SINGH, AGED
                                  ABOUT 22 YEARS, OCCUPATION: STUDENT
                                  SANGRAM COLONY, DISTT. SATNA (MADHYA
                                  PRADESH)

                          4.      DELETED

                          5.      DELETED

                                                                                    .....RESPONDENTS
                                  (BY SHRI MOHAMMAD NASIR, ADVOCATE)

                                Th is appeal coming on for hearing this day, t h e court passed the
                          following:
                                                            ORDER

This second appeal has been preferred by the appellant/plaintiff challenging the judgment and decree dated 20/11/2008 passed by Second Additional District Judge, Satna in Civil Appeal No.48-A/2005, confirming the Signature Not Verified Signed by: RASHMI RONALD VICTOR Signing time: 11/2/2022 10:17:31 AM

judgment and decree dated 08/04/2005 passed by Third Civil Judge Class-I, Satna in Civil Suit No.133-A/1999.

Civil suit in question was filed seeking declaration to the effect that the allotment made in favour of defendant 3 by defendants 1 & 2 be declared null and void and the plaintiff being in possession of the suit shop (E-19), the defendants be restrained from dispossessing the plaintiff.

After arguments at length, learned counsel for the appellant prays for withdrawal of this second appeal with liberty to approach to the Municipal Corporation, Satna for allotment of the aforesaid shop by moving application/representation within a period of 15 days.

Undisputedly, the plaintiff is in possession of the suit shop, therefore, till the final decision on the application/representation of the plaintiff with regard to the allotment of the shop, the respondents/defendants shall not take any forcible action to dispossess the appellant/plaintiff. However, they shall be at liberty to dispossess the appellant/plaintiff by due process of law only.

With the aforesaid observation, this second appeal is disposed off.

(DWARKA DHISH BANSAL) JUDGE RS

Signature Not Verified Signed by: RASHMI RONALD VICTOR Signing time: 11/2/2022 10:17:31 AM