R.K. Construction vs Municipal Corporation Jabalpur
2022 Latest Caselaw 11647 MP

                                                         1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                         BEFORE
                                       HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                               ON THE 5th OF SEPTEMBER, 2022

                                             MISC. PETITION No. 3799 of 2021

                                 Between:-
                         1.      R.K. CONSTRUCTION THR. ITS PROPRIETOR
                                 RAJENDRA VERMA A/A 49 Y R/O DELIGHAT
                                 TALKIES COMPOUND SUBHASH CHANDRA
                                 BENARJEE WARD TEHSIL DISTT. JABALPUR
                                 M.P. (MADHYA PRADESH)

                         2.      MAHIV NAYAK S/O LATE SHRI R.P NAYAK,
                                 AGED ABOUT 60 YEARS, ROYAL DELIGHT
                                 APRTMENT SUBHASH CANDRA BENARJE
                                 WARD TEH. (MADHYA PRADESH)

                         3.      SMT. SAROJ NAYAY S/O DELIGHT TALKIES
                                 COMPOUND SUBHASH CHANDRA BENARJEE
                                 WARD (MADHYA PRADESH)

                                                                                   .....PETITIONERS
                                 (BY SHRI SANKALP KOCHAR, LEARNED COUNSEL)

                                 AND

                         1.      MUNICIPAL CORPORATION JABALPUR THR.
                                 ITS COMMISSIONER DISTT. JABALPUR MP
                                 (MADHYA PRADESH)

                         2.      BHAWAN            ADHIKARI        MUNICIPAL
                                 C O R P O R A T I O N JABALPUR     (MADHYA
                                 PRADESH)

                                                                                  .....RESPONDENTS
                                 (BY SHRI AMAN PANDEY, LEARNED COUNSEL)

                               T h is petition coming on for orders this day, t h e cou rt passed the
                         following:
                                                          ORDER

T his petition has been filed challenging the order dated 23.02.2021 passed by 29th Additional District Judge, Jabalpur in Miscellaneous Civil Signature Not Verified Signed by: POONAM MANEKAR Signing time: 9/6/2022 10:52:40 AM

Appeal No.248/2016 confirming the order dated 13.10.2016 passed by 14th Civil Judge, Class-II, Jabalpur whereby an application filed under Order 39 Rule 1 & 2 CPC by the present petitioners/plaintiffs has been dismissed. Upon filing the Misc. Petition, this Court vide interim order dated 01.02.2022 directed to maintain status-quo by the parties and thereafter, the same order was passed on 26.08.2022 which is in operation till today.

2. In the light of the order of status-quo passed by this Court and looking to the date of filing of the suit i.e. 23.09.2016, this Court deems appropriate to direct the learned trial Court to decide the civil suit in question itself within a period of six months i.e. prior to 28.02.2023. Till then interim order granted by

this Court shall remain in operation.

3 . Learned counsel for the parties submits that the civil suit is pending presently at the stage of evidence of the plaintiffs, who will complete their evidence up to last week of November, 2022 and no adjournment shall be granted to the plaintiffs after end of November, 2022. Thereafter, defendants are free to adduce their evidence and learned trial Court is also free to pass the final judgment even prior to the February, 2023.

4. Parties are directed to appear on the next date of hearing before the trial Court and if the plaintiffs have already not filed their affidavits under Order 18 Rule 4 CPC then they will file their affidavits on the next date of hearing itself.

5. It is made clear that no unnecessary adjournment shall be granted to the plaintiffs/petitioners or to any of the parties to the suit.

6. With the aforesaid directions, this petition is disposed of.

Signature Not Verified Signed by: POONAM MANEKAR Signing time: 9/6/2022 10:52:40 AM

(DWARKA DHISH BANSAL) JUDGE pnm

Signature Not Verified Signed by: POONAM MANEKAR Signing time: 9/6/2022 10:52:40 AM