Mukesh Kumar Jain vs Chandra Jain
2023 Latest Caselaw 13418 MP

                                                            1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                     BEFORE
                                       HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                               ON THE 17 th OF AUGUST, 2023
                                               MISC. APPEAL No. 7095 of 2019

                          BETWEEN:-
                          MUKESH KUMAR JAIN S/O LATE DR. SHEETAL
                          CHANDR   SAGAR,    AGED  ABOUT   61    YEARS,
                          OCCUPATION: SELF EMPLOYED HOUSE NO.1983 TULSI
                          NAGAR CHANDEL HOUSE DAMOHNAKA JABALPUR
                          (MADHYA PRADESH)

                                                                                          .....APPELLANT
                          (NONE FOR THE APPELLANT)

                          AND
                          CHANDRA JAIN S/O LATE DR. SHEETAL CHANDR
                          SAGAR, AGED ABOUT 46 YEARS, HOUSE NO.103/3
                          PATRAKAR COLONY RANITAL CHOWK P.S. LARDGANJ
                          (MADHYA PRADESH)

                                                                                        .....RESPONDENT
                          (NONE FOR THE RESPONDENT)

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

This Miscellaneous Appeal is filed being aggrieved of the judgment dated

27/09/2019 passed by the learned 16th Additional District Judge, Jabalpur in RCA 158/2018 whereby after allowing an application under Order 41 Rule 27 C.P.C., matter has been remanded to the trial court without framing any issues.

It is evident from the pleadings that the learned lower Appellate Court has not framed any issues. This is contrary to the judgment of this High Court in the case of Vipin Kumar and others Vs. Sarojani 2013 (1) MPLJ 480. Signature Not Verified Signed by: VAIBHAV YEOLEKAR Signing time: 8/18/2023 11:19:20 AM

Therefore, the impugned order cannot be sustained in the eyes of law. It is hereby set aside.

The appeal is allowed.

It is directed that the Appellate Court shall decide the appeal on its own merits within a period of sixty days from the date of receipt of certified copy of this order.

In above terms, the appeal is allowed and disposed of.

(VIVEK AGARWAL) JUDGE vy

Signature Not Verified Signed by: VAIBHAV YEOLEKAR Signing time: 8/18/2023 11:19:20 AM