Jagannath vs Mohan Lal And Ors
2022 Latest Caselaw 12488 MP

                                                                    1
                                                 IN THE HIGH COURT OF MADHYA PRADESH
                                                              AT JABALPUR
                                                                    BEFORE
                                                      HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                          ON THE 19th OF SEPTEMBER, 2022

                                                         MISC. APPEAL No. 968 of 2003

                                               BETWEEN:-
                                        1.     JAGANNATH SON OF GOME TELI, AGED ABOUT
                                               65 YEARS, R/O VILLAGE AND POST BAMHNI,
                                               TAHSIL KATANGI, DISTRICT BALAGHAT
                                               (MADHYA PRADESH)
                                               THROUGH L.RS.

                                        1.1.   UJAYLAL S/O LATE JAGANNATH, AGED ABOUT
                                               29  YEARS, R/O VILLAGE BAMHANI POST
                                               BAMHANI     TAHSIL  KATANGI,   DISTRICT
                                               BALAGHAT (MADHYA PRADESH)

                                        1.2.   SHOBHARAM S/O LATE JAGANNATH, AGED
                                               ABOUT 35 YEARS, R/O VILLAGE BAMHANI
                                               POST BAMHANI TAHSIL KATANGI, DISTRICT
                                               BALAGHAT (MADHYA PRADESH)

                                        1.3.   MARUTI S/O JAGGANNATH, AGED ABOUT 14
                                               YEAR S, VILLAGE BAMHANI POST BAMHANI
                                               TAHSIL KATANGI (MADHYA PRADESH)

                                        1.4.   TARA BAI W/O HEMRAJ, AGED ABOUT 35
                                               YEARS, DAUGHTER OF LATE JAGANNATH R/O
                                               VILLAGE NAWAGAON, POST TUMSAR, TAHSIL
                                               KATANGI, DISTRICT BALAGHAT (MADHYA
                                               PRADESH)

                                        1.5.   TANO BAI W/O JAGANNATH, AGED ABOUT 40
                                               YEARS, WIDOW OF LATE JAGANNATH, R/O
                                               VILLAGE BAMHANI POST BAMHANI TAHSIL
                                               KATANGI, DISTRICT BALAGHAT (MADHYA
                                               PRADESH)

                                                                                           .....APPELLANT
                                               (NONE PRESENT)

Signature Not Verified
                                               AND
  SAN


                                        1.     MOHAN LAL S/O DASHRATH TELI, AGE ABOUT
Digitally signed by ASHWANI PRAJAPATI
Date: 2022.09.20 10:21:33 IST                  65 YEARS, RESIDENT OF VILLAGE AND PO
                                               BAMHNI, REVENUE SUB DIVISION, KATANGI,
                                                                    2
                                                TAHSIL WARASEONI, DISTRICT BALAGHAT
                                                (MADHYA PRADESH)

                                        2.      NOKHELAL S/O MOHANLAL TELI, AGED ABOUT
                                                37 YEARS, RESIDENT OF VILLAGE AND POST
                                                BAMHANI, REVENUE SUB DIVISION, KATANGI,
                                                TAHSIL WARASEONI, DISTRICT BALAGHAT
                                                (MADHYA PRADESH)

                                        3.      SHYAMLAL S/O MOHANLAL TELI, AGED ABOUT
                                                35 YEARS, VILLAGE AND POST BAMHANI,
                                                REVENUE SUB DIVISION, KATANGI, TAHSIL
                                                WARASEONI, DISTRICT BALAGHAT (MADHYA
                                                PRADESH)

                                                                                                    .....RESPONDENTS
                                                (NONE PRESENT)

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

                                        following:
                                                                            ORDER

This Miscellaneous Appeal is filed by the appellant-Jagannath (now dead), at present through his legal heirs, under Order 43 Rule 1(u) of the Code of Civil Procedure (hereinafter referred to as the 'CPC' for short), being aggrieved of the judgment dated 18.01.2001, passed by learned II Additional District Judge, Waraseoni, District Balaghat (M.P.), in Civil Appeal No.28- A/1999, arising out of judgment and decree dated 17.09.1999, in Civil Suit No.325-A/1996, passed by learned II Civil Judge, Class-II, Waraseoni, remanding the matter to the trial Court under Order 41 Rule 23 CPC, after recording a finding that once Ex.P/1, Ex.D/1 and Ex.D/2 were sought to be declared as illegal and defendants had denied this fact, then issues should have been framed about the validity and acceptance of these documents and, thereafter, suit should have been decided.

2. I find that learned II Addl. District Judge Waraseoni has framed the proper Signature Not Verified SAN

Digitally signed by ASHWANI PRAJAPATI Date: 2022.09.20 10:21:33 IST issue on which it had directed the trial Court to take evidence. There is no

illegality in the impugned judgment and decree calling for any interference.

3. Appeal fails and is dismissed.

4. Let record of the Courts below be sent back.

(VIVEK AGARWAL) JUDGE A.Praj.

Signature Not Verified SAN

Digitally signed by ASHWANI PRAJAPATI Date: 2022.09.20 10:21:33 IST