Sharda Prasad Yadav vs Pooran
2023 Latest Caselaw 12641 MP

                                                     1
                          IN    THE     HIGH COURT OF MADHYA PRADESH
                                             AT JABALPUR
                                                  BEFORE
                                 HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                           ON THE 7 th OF AUGUST, 2023
                                          CIVIL REVISION No. 535 of 2023

                         BETWEEN:-
                         1.    SHARDA PRASAD YADAV S/O AWADHRAJ YADAV,
                               AGED ABOUT 65 YEARS, R/O VILLAGE MADHA
                               TEHSIL MADHA DISTRICT SINGROULI (MADHYA
                               PRADESH)

                         2.    NARENDRA PRASAD S/O AVADHRAJ YADAV,
                               AGED ABOUT 45 YEARS, R/O VILLAGE MADA
                               TEHSIL MADA DISTRICT SINGRAULI (MADHYA
                               PRADESH)

                                                                           .....APPLICANTS
                         (BY SHRI ARVIND KUMAR PATHAK - ADVOCATE)

                         AND
                         1.    POORAN S/O FEKU HARIJAN R/O VILLAGE MADA,
                               TEHSIL MADA, DISTRICT SINGRAULI (MADHYA
                               PRADESH)

                         2.    RAM SHARAN S/O POORAN HARIJAN R/O
                               VILLAGE MADA TEHSIL MADA DISTRICT
                               SINGRAULI (MADHYA PRADESH)

                         3.    RAM JI S/O POORAN HARIJAN R/O VILLAGE
                               MADA TEHSIL MADA DISTRICT SINGRAULI
                               (MADHYA PRADESH)

                         4.    RAMSIYA S/O POORAN HARIJAN R/O VILLAGE
                               MADA TEHSIL MADA DISTRICT SINGRAULI
                               (MADHYA PRADESH)

                         5.    LOCHAI S/O POORAN HARIJAN R/O VILLAGE
                               MADA TEHSIL MADA DISTRICT SINGRAULI
                               (MADHYA PRADESH)

                         6.    HEERA KUMARI D/O LOCHAI SAKET R/O
                               VILLAGE MADA TEHSIL MADA DISTRICT
                               SINGRAULI (MADHYA PRADESH)
Signature Not Verified
Signed by: ANUPRIYA
SHARMA CHOUBEY
Signing time: 8/8/2023
9:55:55 AM
                                                     2

                         7.    SMT. DEVKUMARI D/O JAIRAM      KOLE R/O
                               VILLAGE MADA TEHSIL MADA       DISTRICT
                               SINGRAULI (MADHYA PRADESH)

                         8.    JANKADHARI @BOUKAN S/O RAM CHARITRA
                               R/O VILLAGE MADA TEHSIL MADA DISTRICT
                               SINGRAULI (MADHYA PRADESH)

                         9.    ANANTRAM @ FUNNU S/O LAXMIMAN HARIJAN
                               R/O VILLAGE MADA TEHSIL MADA DISTRICT
                               SINGRAULI (MADHYA PRADESH)

                         10.   RAMAWATAR    S/O   NANHKA  HARIJAN R/O
                               VILLAGE MADA TEHSIL MADA DISTRICT
                               SINGRAULI (MADHYA PRADESH)

                         11.   DADE SONI S/O JAGANNATH SONI R/O VILLAGE
                               MADA TEHSIL MADA DISTRICT SINGRAULI
                               (MADHYA PRADESH)

                         12.   BADKU S/O ISHRAM KOL R/O VILLAGE MADA
                               TEHSIL MADA DISTRICT SINGRAULI (MADHYA
                               PRADESH)

                         13.   CHHOTELAL S/O VISHRAM KOL R/O VILLAGE
                               MADA TEHSIL MADA DISTRICT SINGRAULI
                               (MADHYA PRADESH)

                         14.   RAJARAM S/O SIYARAM HARIJAN R/O VILLAGE
                               MADA TEHSIL MADA DISTRICT SINGRAULI
                               (MADHYA PRADESH)

                         15.   RAJESH   S/O  BACHHURAM    BRAMHAN R/O
                               VILLAGE MADA TEHSIL MADA DISTRICT
                               SINGRAULI (MADHYA PRADESH)

                         16.   RAM SAKHA S/O NOT KNOWN R/O VILLAGE
                               MADA TEHSIL MADA DISTRICT SINGRAULI
                               (MADHYA PRADESH)

                         17.   SMT. MAHARJIYA DEVI S/O NOT MENTION R/O
                               VILLAGE MADA TEHSIL MADA DISTRICT
                               SINGRAULI (MADHYA PRADESH)

                         18.   BHOLA SAHU S/O NOT MENTION R/O VILLAGE
                               MADA TEHSIL MADA DISTRICT SINGRAULI
                               (MADHYA PRADESH)

Signature Not Verified
Signed by: ANUPRIYA
SHARMA CHOUBEY
Signing time: 8/8/2023
9:55:55 AM
                                                            3
                                                                                     .....RESPONDENTS


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

This civil revision has been preferred by the applicants/plaintiffs challenging the order dated 29.03.2023 passed by Principal District Judge, Singrauli, Headquarter Waidhan in MJC No.87/2022, whereby learned Court has allowed the respondents' application under Section 24 CPC and has transferred the MJC No.23/2017 to the First Civil Judge Senior Division, Waidhan.

2. Learned counsel for the applicants/plaintiffs submits that both the cases are to be decided on the basis of different material and out of which one case is in relation of execution of decree and another case is for setting aside exparte judgment and decree in which the evidence of the parties is yet to be recorded. He submits that the order of transfer will seriously prejudice the execution case filed by the applicants. Accordingly, he prays for allowing the civil revision.

3. Heard learned counsel for the applicants/plaintiffs and perused the impugned order and the record available.

4. Perusal of the impugned order dated 29.03.2023 shows that by this

order, learned Principal District Judge has only transferred the MJC No.23/2017 to the Court of First Civil Judge Senior Division, Waidhan and has not passed any order of joint trial of both the cases. As such, in my considered opinion, the impugned order would not cause any injustice to the parties.

5. As such, declining interference in the impugned order, this civil revision deserves to be and is hereby dismissed. Signature Not Verified Signed by: ANUPRIYA SHARMA CHOUBEY Signing time: 8/8/2023 9:55:55 AM

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

(DWARKA DHISH BANSAL) JUDGE anu

Signature Not Verified Signed by: ANUPRIYA SHARMA CHOUBEY Signing time: 8/8/2023 9:55:55 AM