Md. Rafiq vs Asha
2022 Latest Caselaw 13715 MP

                                                          1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                         BEFORE
                                       HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                                ON THE 17th OF OCTOBER, 2022

                                            MISC. PETITION No. 4810 of 2022

                                 BETWEEN:-
                           1.    MD. RAFIQ S/O MD. SHAKIR, AGED ABOUT 45
                                 YEAR S , OCCUPATION: LABOR R/O VILLAGE
                                 KOTARKALA TEHSIL GOPAD BANAS DISTRICT
                                 SIDHI (MADHYA PRADESH)

                           2.    MD. RAHIM S/O MD. SHAKIR, AGED ABOUT 40
                                 YEAR S , OCCUPATION: LABOR R/O VILLAGE
                                 KOTARKALA TEHSIL GOPAD BANAS DISTRICT
                                 SIDHI (MADHYA PRADESH)

                                                                                    .....PETITIONER
                                 (BY SHRI V.S. BAGHEL-ADVOCATE)

                                 AND
                           1.    ASHA D/O LATE RAMESH JAISWAL, AGED
                                 ABOUT 28 YEARS, R/O VILLAGE KOTAKALA
                                 POLICE STATION KOTWALI DISTRICT SIDHI
                                 (MADHYA PRADESH)

                           2.    KALAWATI (DEAD) THROUGH LRS. RAMESH
                                 JAISWAL S/O LATE SHRI PARASNATH JAISWAL,
                                 AGED    ABOUT    45   YEARS, R/O VILLAGE
                                 DUDHMANIYA TEHSIL DEASOR DISTRICT
                                 SIDHI (MADHYA PRADESH)

                           3.    ASHOK S/O LATE SHRI PARASNATH JAISWAL
                                 OCCUPATION: AGRICULTURE R/O VILLAGE
                                 DUDHMANIYA TEHSIL DEASOR DISTRICT
                                 SIDHI (MADHYA PRADESH)

                           4.    STATE OF MADHYA PRADESH THROUGH
                                 COLLECTOR SIDHI DISTRICT SIDHI (MADHYA
                                 PRADESH)

                                                                                 .....RESPONDENTS
                                 (BY MRS PRASANNA BAIS-PANEL LAWYER FOR RESPONDENT-4 )

                                Th is petition coming on for hearing this day, th e court passed the
Signature Not Verified
Signed by: S HUSHMAT
HUSSAIN
Signing time: 10/18/2022
11:56:56 AM
                                                                2
                           following:
                                                                ORDER

This miscellaneous petition has been filed by the petitioners challenging the order dated 07.09.2022 (Annexure P/8) passed by First Civil Judge, Senior Division, Sidhi District-Sidhi whereby the application of the petitioners under Order 1 Rule 10 of CPC filed in RCSA No.445/2014 has been dismissed.

2. Learned counsel for the petitioners submits that respondent-1 Asha has instituted a suit against Kalawati and after death of Kalawati, respondent-2 (a) and (b) have been substituted as legal representatives of respondent-2 Kalawati whereas there is a Will executed by Kalawati in favour of the present petitioners Md. Rafiq and Md. Rahim and on the basis of which, the present petitioners

moved an application under Order 1 Rule 10 of CPC for their impleadment in the present suit, which has been dismissed.

3. He further submits that on the basis of Will executed by respondent-2 Kalawati, they have already instituted a suit for declaration of title and permanent injunction impleading the present respondents as party to the suit, which is pending in the same Court i.e. before the First Civil Judge, Senior Division, Sidhi. He further submits that the trial Court is fixing different dates in both the suits, which may prejudice the rights of any of the parties to the suit.

4. Without commenting on the merits and demerits of the case of the rival parties, if the statement of the learned counsel for the petitioners is correct to the effect that both the civil suits are pending before the same Court, then this Court deems it appropriate to direct that both the civil suits shall be decided by the learned Court below together and the final judgment in both the suits shall be passed on the same date, just with a view to avoid passing of conflicting judgments and decrees.

Signature Not Verified Signed by: S HUSHMAT HUSSAIN Signing time: 10/18/2022 11:56:56 AM

5. With the aforesaid observations, this petition is disposed of.

(DWARKA DHISH BANSAL) JUDGE sh

Signature Not Verified Signed by: S HUSHMAT HUSSAIN Signing time: 10/18/2022 11:56:56 AM