Smt. Poonam Khandelwal vs M/S N. Kumar And Company Through ...
2022 Latest Caselaw 13986 MP

                           1
        IN THE HIGH COURT OF MADHYA PRADESH
                     AT GWALIOR
                           BEFORE
        HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                  ON THE 31st OF OCTOBER, 2022

              MISC. PETITION No. 3960 of 2022

     BETWEEN:-
     SMT. POONAM KHANDELWAL D/O SHRI
     MURARILAL KHANDELWAL W/O SHRI NARESH
     KUMAR KHANDELWAL, AGED ABOUT 50
     YEAR S, OCCUPATION: HOUSEWIFE AADARSH
     MIL ROAD BAHODAPUR ROAD LASHKAR,
     GWALIOR (MADHYA PRADESH)

                                                 .....PETITIONER
     (SHRI RAM KRISHNA SONI, - ADVOCATE)

     AND
1.   M/S N. KUMAR AND COMPANY THROUGH
     NARESH KHANDELWAL THROUGH PROP.
     SURESH   KUMAR    KHANDELWAL   (DIED)
     MAYANKAR KI GALI JIWAJIGANJ LASHKAR
     GWALIOR (MADHYA PRADESH)

2.   SURESH      KUMAR   KHANDELWAL   (DIED)
     THROUGH LRS 2.1. SMT SHYAMA DEVI W/O
     LATE SHRI SURESH KUMAR, AGED ABOUT 48
     YE A R S , MAYANKAR KI GALI JIWAJIGANJ
     LASHKAR, GWALIOR (MADHYA PRADESH)

3.   SURESH   KUMAR    KHANDELWAL      (DIED)
     THROUGH LRS 2.2. KU. PRIYANKA D/O LATE
     SHRI SURESH KUMAR, AGED ABOUT 24 YEARS,
     MAYANKAR KI GALI JIWAJIGANJ LASHKAR,
     GWALIOR (MADHYA PRADESH)

4.   SURESH   KUMAR    KHANDELWAL    (DIED)
     THROUGH LRS 2.3. MAYANK S/O LATE SHRI
     SURESH KUMAR, AGED ABOUT 22 YEARS,
     MAYANKAR KI GALI JIWAJIGANJ LASHKAR,
     GWALIOR (MADHYA PRADESH)

5.   SURESH  KUMAR    KHANDELWAL    (DIED)
     THROUGH LRS 2.4. PYUSH S/O LATE SHRI
     SUREH KUMAR, AGED ABOUT 20 YEARS,
     MAYANKAR KI GALI JIWAJIGANJ LASHKAR,
                            2
        GWALIOR (MADHYA PRADESH)

6.      SMT RADHA DEVI @ MUNNI DEVI W/O SHRI
        HANUMAN      PRASAD      KHANDELWAL
        MAYANKAR KI GALI JIWAJIGANJ LASHKAR
        GWALIOR (MADHYA PRADESH)

7.      STATE BANK OF INDIA (STATE BANK OF INDIA
        ACT 1955 THROUGH GATHIK NIKAY) WADI
        CORPORATE KENDRIYA KARYALAY NARIMAN
        POINT,   MADAM     KAMAROAD      BAMBAI
        REGIONAL OFFICE CITY CENTER LASHKAR,
        GWALIOR MAIN BRANCH JIWAJI CHOWK
        MAHARAJ    BADA,     LASHKAR,   GWALIOR
        (MADHYA PRADESH)

8.      MAHESH KUMAR KHANDELWAL S/O LATE
        SHRI HANUMAN PRASAD KHANDELWAL, AGED
        ABOUT 55 YEARS, MAYANKAR KI GALI JIWAJI
        GANJ    LASHKAR,   GWALIOR    (MADHYA
        PRADESH)

                                                              .....RESPONDENTS
        (SHRI SURESH AGRAWAL, LEARNED COUNSEL FOR THE
        RESPONDENT NO.8).

      Th is petition coming on for hearing this day, th e court passed the
following:
                                    ORDER

Petitioner filed this petition for direction to the Executive Court to decide MJC No. 56/2014 which is pending since last eight years.

In brief, facts of the case are that the judgment and decree has been passed in favour of the bank. Petitioner purchased the property in question in auction. Thereafter, the sale-deed was executed in favour of the petitioner by the executive Court on 18.01.2022. The respondent No.5 filed an application under order 21 Rule 89 and 90 challenging the sale certificate executed in favour of petitioner but the said application is still pending. Executive Court may be directed to decide the application within three months.

Also heard learned advocate for the respondent who did not deny the

argument advanced by learned advocate for the petitioner.

In view of the aforesaid facts and circumstances of the case, trial Court is directed to decide MJC No. 56/2014 as early as possible preferably within a period of three months from today.

With the aforesaid direction, petition is disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE vj

YOGEN Digitally signed by YOGENDRA OJHA DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh,

DRA 2.5.4.20=559b9fc5699c450ae591f182b b528390a8686891308b8147f58a14e66 3c2cf97, pseudonym=0DDAA44322165AFFB7B 9BB7BECE3F0E95FB34E78,

OJHA serialNumber=7DD4B0909D1BAA16D 8E58C99D2E9C608AE9BA1ADC64EE11 871527ECE48186868, cn=YOGENDRA OJHA Date: 2022.11.01 17:15:41 +05'30'