Palivit Parasad vs Jitendra Dwivedi
2023 Latest Caselaw 12421 MP

                                                            1
                             IN    THE      HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                     BEFORE
                                    HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                                ON THE 3 rd OF AUGUST, 2023
                                              SECOND APPEAL No. 1346 of 2018

                            BETWEEN:-
                            PALIVIT PARASAD S/O SHRI MATHURA PRASAD, AGED
                            ABOUT 30 YEARS, OCCUPATION: FARMER H.I.G.26 ,
                            SWAGAT DREAMLAND AKBARPUR KOLAR IN FRONT
                            OF POLICE STATION (MADHYA PRADESH)

                                                                                       .....APPELLANT
                            (BY SHRI AVINASH ZARGAR, ADVOCATE)

                            AND
                            1.    JITENDRA DWIVEDI S/O NOT MENTION H.I.G. 27
                                  SWAGAT DREAMLAND AKBARPUR KOLAR IN
                                  FRONT OF POLICE STATION BHOPAL (MADHYA
                                  PRADESH)

                            2.    ARUN BANSOD S/O NOT MENTION R/O H.I.G.28
                                  SWAGAT DREAMLAND AKBARPUR KOLAR IN
                                  FRONT OF POLICE STATION (MADHYA PRADESH)

                            3.    VASUDEV BUTE S/O NOT MENTION R/O H.I.G.29
                                  SWAGAT DREAMLAND AKBARPUR KOLAR IN
                                  FRONT OF POLICE STATION (MADHYA PRADESH)

                                                                                    .....RESPONDENTS


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

This second appeal has been preferred by the appellant/plaintiff challenging the judgment & decree dtd. 16.04.2018 passed by 10th Additional District Judge, Bhopal in RCA No.15/2016 affirming the judgment & decree

Signature Not Verified Signed by: KUMARI PALLAVI SINHA Signing time: 8/5/2023 2:27:11 PM

dtd. 20.10.2015 passed by 2nd Civil Judge Class-1, Bhopal in RCS No.918A/14 whereby suit filed for declaration in respect of use of the gate affixed on the plot in question and for permanent injunction restraining the respondents/defendants from making any interference in the use of the gate, has been dismissed.

2. After arguments at length, learned counsel for the plaintiff/appellant prays for withdrawal of the second appeal with liberty to file fresh suit on the fresh cause of action, seeking declaration of easementary rights and consequential relief.

3. Prayer being reasonable is accepted and this second appeal is permitted to

be withdrawn with the aforesaid liberty.

4. It is made clear that this Court has not expressed any opinion on the merits and demerits of the case and if such suit is filed on the fresh cause of action, the same shall be decided by concerning/competent Court on its own merits without being influenced by the order passed today by this Court.

5. Interim application(s), if any, shall stand dismissed.

(DWARKA DHISH BANSAL) JUDGE Pallavi

Signature Not Verified Signed by: KUMARI PALLAVI SINHA Signing time: 8/5/2023 2:27:11 PM