Shri Deo Radha Krishna Mandir vs Prakash Narayan Pateriya
2023 Latest Caselaw 5902 MP

                                                      1
                           IN    THE     HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                   BEFORE
                                  HON'BLE SHRI JUSTICE ARUN KUMAR SHARMA
                                             ON THE 12 th OF APRIL, 2023
                                           CIVIL REVISION No. 241 of 2022

                          BETWEEN:-
                          1.

SHRI DEO RADHA KRISHNA MANDIR THROUGH MOHATTAMKAR PRAMOD KUMAR PATERIYA AGED ABOUT 55 YEARS S/O SHRI RAMESHWAR PRASAD PATERIYA PROFESSION AGRICULTURIST VILLAGE KHAMRIYA, TEHSIL RAHLI, DISTT. SAAGAR (M.P.) (MADHYA PRADESH)

2. SHYAMSUNDER PATERIYA S/O LATE SHRI BADRI PRASAD PATERIYA, AGED ABOUT 66 YEARS, OCCUPATION: AGRICULTURIST R/O VILLAGE KHAMRIYA POST RAHLI DISTRICT SAGAR M.P. (MADHYA PRADESH)

3. PRASNNA KUMAR PATERIYA S/O LATE SHRI DWARKA PRASAD PATERIYA, AGED ABOUT 55 Y E A R S , OCCUPATION: AGRICULTURIST R/O VILLAGE KHAMRIYA POST RAHLI DISTRICT SAGAR M.P. (MADHYA PRADESH)

4. SUDAMA PRASAD PATERIYA (DIED) THROUGH LRS. SMT. SHOBHA PATERIYA W/O SUDAMA PRASAD PATERIYA, AGED ABOUT 68 YEARS, R/O VILLAGE KHAMRIYA POST RAHLI DISTRICT SAGAR M.P. (MADHYA PRADESH)

5. AMIT KUMAR PATERIYA S/O LATE SUDAMA PRASAD PATERIYA, AGED ABOUT 40 YEARS, R/O VILLAGE KHAMRIYA POST RAHLI DISTRICT SAGAR M.P. (MADHYA PRADESH)

6. ANSHU DUBEY S/O LATE SUDAMA PRASAD PATERIYA, AGED ABOUT 28 YEARS, R/O VILLAGE KHAMRIYA POST RAHLI DISTRICT SAGAR M.P. (MADHYA PRADESH)

7. AASHISH PATERIYA S/O LATE SUDAMA PRASAD PATERIYA, AGED ABOUT 36 YEARS, R/O VILLAGE KHAMRIYA POST RAHLI DISTRICT SAGAR M.P. (MADHYA PRADESH) Signature Not Verified Signed by: JITENDRA KUMAR PAROUHA Signing time: 4/17/2023 11:57:39 AM

8. AASHUTOSH PATERIYA S/O LATE SUDAMA PRASAD PATERIYA, AGED ABOUT 34 YEARS, R/O VILLAGE KHAMRIYA POST RAHLI DISTRICT SAGAR M.P. (MADHYA PRADESH)

9. AKHAND PATERIYA S/O LATE SUDAMA PRASAD PATERIYA, AGED ABOUT 30 YEARS, R/O VILLAGE KHAMRIYA POST RAHLI DISTRICT SAGAR M.P. (MADHYA PRADESH)

.....PETITIONER (BY SHRI RAKESH KUMAR JAIN - ADVOCATE)

AND

1. PRAKASH NARAYAN PATERIYA S/O LATE SHRI BAIJNATH PRASAD PATERIYA, AGED ABOUT 83 YEARS, OCCUPATION: ADCOVATE R/O WARD NO. 2, VILLAGE KHAMRIYIA, POST RAHLI, DISTRICT SAGAR (M.P.) (MADHYA PRADESH)

2. DILIP KUMAR PATERIYA S/O SHRI CHANDRABHAN PATERIYA, AGED ABOUT 62 Y E A R S , OCCUPATION: AGRICULTURIST R/O WARD NO. 2 VILLAGE KHAMRIYA TEHSIL RAHLI DISTRICT SAGAR M.P. (MADHYA PRADESH)

3. DINESH KUMAR PATERIYA S/O SHRI CHANDRABHAN PATERIYA, AGED ABOUT 58 Y E A R S , OCCUPATION: AGRICULTURIST R/O WARD NO. 2 VILLAGE KHAMRIYA TEHSIL RAHLI DISTRICT SAGAR M.P. (MADHYA PRADESH)

4. DIPAK KUMAR PATERIYA S/O SHRI CHANDRABHAN PATERIYA, AGED ABOUT 60 Y E A R S , OCCUPATION: AGRICULTURIST R/O WARD NO. 2 VILLAGE KHAMRIYA TEHSIL RAHLI DISTRICT SAGAR M.P. (MADHYA PRADESH)

5. SANDIP KUMAR PATERIYA S/O SHRI CHANDRABHAN PATERIYA, AGED ABOUT 53 Y E A R S , OCCUPATION: AGRICULTURIST R/O WARD NO. 2 VILLAGE KHAMRIYA TEHSIL RAHLI DISTRICT SAGAR M.P. (MADHYA PRADESH)

6. PRATAP BHAN PATERIYA (DIED) THROUGH LRS.

SMT. KAMLA PATERIYA W/O LATE PRATAP BHAN PATERIYA R/O WARD NO. 2 VILLAGE KHAMRIYA TEHSIL RAHLI DISTRICT SAGAR M.P. (MADHYA PRADESH) Signature Not Verified Signed by: JITENDRA KUMAR PAROUHA Signing time: 4/17/2023 11:57:39 AM

7. SMT. NANDNI TIWARI D/O LATE PRATAP BHAN PATERIYA R/O WARD NO. 2 VILLAGE KHAMRIYA TEHSIL RAHLI DISTRICT SAGAR M.P. (MADHYA PRADESH)

8. SMT. VINDATI CHOUBEY D/O LATE PRATAP BHAN PATERIYA R/O WARD NO. 2 VILLAGE KHAMRIYA TEHSIL RAHLI DISTRICT SAGAR M.P. (MADHYA PRADESH)

9. SMT. REKHA CHATURVEDI D/O LATE PRATAP BHAN PATERIYA R/O WARD NO. 2 VILLAGE KHAMRIYA TEHSIL RAHLI DISTRICT SAGAR M.P. (MADHYA PRADESH)

10. SHRI BRAJESH PATERIYA S/O LATE PRATAP BHAN PATERIYA R/O WARD NO. 2 VILLAGE KHAMRIYA TEHSIL RAHLI DISTRICT SAGAR M.P. (MADHYA PRADESH)

11. SHRI SHAILESH PATERIYA S/O LATE PRATAP BHAN PATERIYA R/O WARD NO. 2 VILLAGE KHAMRIYA TEHSIL RAHLI DISTRICT SAGAR M.P. (MADHYA PRADESH)

12. OMKAR PRASAD PATERIYA S/O SHRI LATE BAIJNATH PRASAD PATERIYA, AGED ABOUT 81 Y E A R S , OCCUPATION: AGRICULTURIST R/O WARD NO. 2 VILLAGE KHAMRIYA TEHSIL RAHLI DISTRICT SAGAR M.P. (MADHYA PRADESH)

13. KUNJ BIHARI JAROLIYA S/O LATE SHRI BANSHIDHAR JAROLIYA, AGED ABOUT 50 YEARS,

VILLAGE KHAMRIYA TEHSIL RAHLI DISTRICT SAGAR M.P. (MADHYA PRADESH)

14. SURYANSH TIWARI S/O SHRI SUSHIL TIWARI, AGED ABOUT 27 YEARS, R/O 21 MAIN ROAD GOPALGANJ VRINDAVAN WARD SAGAR M.P. (MADHYA PRADESH)

15. RAHUL TIWARI S/O SHRI RAJENDRA TIWARI, AGED ABOUT 42 YEARS, R/O MANORMA COLONY MADHUKARSHAH WARD SAGAR M.P. (MADHYA PRADESH)

16. NARESH KUMAR SEN S/O SHRI GOVIND PRASAD SEN, AGED ABOUT 45 YEARS, R/O VRINDAVAN Signature Not Verified WARD SAGAR M.P. (MADHYA PRADESH) Signed by: JITENDRA KUMAR PAROUHA Signing time: 4/17/2023 11:57:39 AM

17. SMT. PUSHPA RICHARIYA D/O LATE SHRI CHANDRABHAN PATERIYA W/O ANIL KUMAR R ICHAR IYA R/O 475 DIXITPURA TEACHERS COLONY RAJENDRA PRASAD WARD JABALPUR M.P. (MADHYA PRADESH)

18. STATE OF M.P. THROUGH COLLECTOR SAGAR M.P. (MADHYA PRADESH)

.....RESPONDENTS ( SHRI SAJIDULA KHAN - ADVOCATE FOR RESPONDENTS NO. 1 TO 17. )

This revision coming on for admission this day, th e court passed the following:

ORDER This civil revision is directed challenging the legality and propriety of the order dated 24.3.2022 passed in civil suit no.4A/17 the learned Civil Judge Class-I, Rahli, District Sagar (MP), whereby the application under Order 7 Rule 11 of CPC filed by the petitioners / defendants has been rejected.

Learned counsel for the petitioners contended that as per Schedule 2 Articles 17 (III) of the Court Fees Act, 1870, the plaintiffs are required to pay court fees as per valuation of sale deed which is Rs.60 lacs, for which, the plaintiffs have sought declaration of sale deed to be void and placed reliance on a judgment of this Court passed in Laxminarayan v. Dariyaobai, 1997 (1) MPWM 72.

From perusal of the impugned order it is evident that the application under Order 7 Rule 11 of CPC was filed by the petitioners / defendants for dismissal of the civil suit filed by the respondents / plaintiffs on the ground that the plaintiffs have filed civil suit for declaration of sale deed executed in favor of Suryansh Tiwari dated 21.12.2020 as void and they have not paid the court fees as per valuation of the suit nor paid any court fees for declaration of void Signature Not Verified Signed by: JITENDRA KUMAR PAROUHA Signing time: 4/17/2023 11:57:39 AM

of the sale deed.

It is also gathered from the impugned order that the plaintiffs were not the party to the sale deed and they have paid the court fees as the value of the property falling in their part. Learned court below has rightly followed the principles laid down in Urmiladevi vs. Rajkumari and others, 2015 RN

In view of the aforesaid, there is no illegality or infirmity in the order passed by the court below which may warrant interference by this Court under revisional jurisdiction. Resulatantly, this revision petition is dismissed.

(ARUN KUMAR SHARMA) JUDGE JP

Signature Not Verified Signed by: JITENDRA KUMAR PAROUHA Signing time: 4/17/2023 11:57:39 AM