Madhya Pradesh High Court
Pawan Kumar Soni vs Hukum Chand Soni (Sunar) on 19 April, 2023
Author: Maninder S. Bhatti
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE MANINDER S. BHATTI
ON THE 19 th OF APRIL, 2023
MISC. PETITION No. 5544 of 2018
BETWEEN:-
1. PAWAN KUMAR SONI S/O LATE SHRI
HARISHCHANDRA SONI, AGED ABOUT 34 YEARS,
OCCUPATION: AGRICULTURE VILL. KATKAHA
TEH. AMANGANJ DISTT. PANNA (MADHYA
PRADESH)
2. AWADH KUMAR S/O LATE HARISHCHANDRA
SONI, AGED ABOUT 36 YEARS, OCCUPATION:
PROFESSION AGRICULTURE VILLAGE KATKAHA
TAH. AMANGANJ PANNA (MADHYA PRADESH)
3. SMT. KALAVATI W/O LATE HARISHCHANDRA
SONI, AGED ABOUT 61 YEARS, OCCUPATION:
PROFESSION AGRICULTURE VILLAGE KATKAHA
TAH. AMANGANJ PANNA (MADHYA PRADESH)
4. VIJAY KUMAR S/O LATE SHRI DARVARI LAL
SONI, AGED ABOUT 37 YEARS, OCCUPATION:
PROFESSION AGRICULTURE VILLAGE KATKAHA
TAH. AMANGANJ PANNA (MADHYA PRADESH)
5. SMT. RAMKALI @ RAMRATI W/O LATE SHRI
DARVARI LAL SONI, AGED ABOUT 86 YEARS,
OCCUPATION: PROFESSION AGRICULTURE
VILLAGE KATKAHA TAH. AMANGANJ PANNA
(MADHYA PRADESH)
6. SMT. PAAN BAI D/O LATE SHRI DARVARI LAL
SONI, AGED ABOUT 66 YEARS, OCCUPATION:
PROFESSION VILLAGE KATKAHA TAH.
AMANGANJ PANNA (MADHYA PRADESH)
7. SMT. BRIJKUNWAR D/O LATE SHRI DARVARI
LAL SONI, AGED ABOUT 46 YEARS, OCCUPATION:
PROFESSION PATNA KALAN TAH. GUNOUR
(MADHYA PRADESH)
8. SMT. RAMSAKHI D/O LATE SHRI DARVARI LAL
SONI, AGED ABOUT 41 YEARS, OCCUPATION:
Signature Not Verified
Signed by: SHUBHAM
THAKKER
Signing time: 4/21/2023
11:51:46 AM
2
PROFESSION VILLAGE SUHAGI TAH. GUNOUR
(MADHYA PRADESH)
9. IMARAT LAL S/O JAGAN SONI, AGED ABOUT 69
Y E A R S , OCCUPATION: PROFESSION
AGRICULTURE TIGHARA PURAINA TAH. SIMRIYA
(MADHYA PRADESH)
.....PETITIONERS
(BY SHRI PARESH PAREEK - ADVOCATE)
AND
1. HUKUM CHAND SONI (SUNAR) S/O LATE SHRI
LOTAN SONI, AGED ABOUT 65 YEARS, VILL.
KATKAHA TEHSIL AMANGANJ DISTT. PANNA
(MADHYA PRADESH)
2. BALA PRASAD S/O LATE SHRI DARVARI LAL
SONI, AGED ABOUT 52 YEARS, OCCUPATION:
AGRICULTURE VILLAGE KATKAHA TAH.
AMANGANJ PANNA AT PRESENT VILLAGE
MURADH TAH. PAWAI (MADHYA PRADESH)
3. STATE OF M.P. THROUGH COLLECTOR DIST.
PANNA (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI ANSHUL TIWARI - PANEL LAWYER)
This petition coming on for admission this day, th e court passed the
following:
ORDER
Heard on I.A. No.3706/2023 which is an application by the petitioner for
final disposal of the petition with appropriate direction.
Learned counsel for petitioner contends that the present petition was filed
assailing interlocutory orders dated 10.08.2018 and 24.08.2018 passed by the
trial Court and this Court vide order dated 10.04.2019 passed an interim order
to the effect that till next date of hearing, the Court below may proceed with
Civil Suit No.53-A/2018 but shall not pass final judgment.
The counsel contends that during pendency of the petition, the plaintiff
Signature Not Verified
Signed by: SHUBHAM
THAKKER
Signing time: 4/21/2023
11:51:46 AM
moved an application under Order 23 Rule 1 CPC seeking withdrawal of the
suit, the said application filed by the plaintiff has been rejected by the trial Court
vide order dated 20.02.2023 on the ground that as there is an interlocutory order
by this Court in the present petition, no final order can be passed.
Thus, the counsel submits that the present petition be disposed of and
the trial Court be directed to reconsider the application filed by the plaintiff
under Order 23 Rule 1 CPC.
In view of the aforesaid, the order dated 20.02.2023 passed by the trial
Court in Civil Suit No.53-A/2018 is set aside. The trial Court is directed to
reconsider the application filed by the plaintiff under Order 23 Rule 1 CPC
afresh while extending an opportunity of hearing to all concerned.
With the aforesaid, the petition stands disposed of.
(MANINDER S. BHATTI)
JUDGE
Shub
Signature Not Verified
Signed by: SHUBHAM
THAKKER
Signing time: 4/21/2023
11:51:46 AM
