Ratna Mitra vs Smt. Padma Tiwari
2023 Latest Caselaw 14032 MP

                                                            1
                                 IN THE HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                     BEFORE
                                       HON'BLE SHRI JUSTICE SANJAY DWIVEDI
                                               ON THE 25 th OF AUGUST, 2023
                                            REVIEW PETITION No. 858 of 2023

                          BETWEEN:-
                          RATNA MITRA D/O LATE SHRI SUBIR MITRA, AGED
                          ABOUT 59 YEARS, OCCUPATION: HOUSEWIFE R/O
                          SINDHI CAMP LOHANA DAL MILL DISTRICT SATNA
                          (M.P)

                                                                                         .....PETITIONER
                          (BY DR. ANUVAD SHRIVASTAVA-ADVOCATE)

                          AND
                          1.    SMT. PADMA TIWARI W/O SHRI GAYA PRASAD
                                TIWARI, AGED ABOUT 60 YEARS, OCCUPATION:
                                HOUSE WIFE R/O NEAR CHANDANI TALKIES
                                BAJRHA TOLA SATNA DISTRICT SATNA (M.P)

                          2.    SHYAMLAL CHAMRAKAR S/O SHRI HAZARILAL
                                CHAMRAKAR W/O SHYAMKALI, AGED ABOUT 50
                                YEARS, OCCUPATION: WORKER R/O KOLGAWAN
                                WARD NO. 19 SINDHI CAMP SATNA DISTRICT
                                SATNA (M.P)

                          3.    MOTILAL GUPTA S/O SHRI RAMKRIPAL GUPTA,
                                AGED ABOUT 48 YEARS, OCCUPATION: BUSINESS
                                R/O KOLGAWAN WARD NO 19 SINDHI CAMP
                                SATNA DISTRICT SATNA (M.P)

                                                                                       .....RESPONDENTS
                          (BY SHRI A.K JAIN -ADVOCATE FOR RESPONDENT)

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

Petitioner by the instant petition is seeking review of the order passed by this Court in M.P No.3230 of 2023 on 22.06.2023. Signature Not Verified Signed by: TARUN KUMAR SALUNKE Signing time: 8/25/2023 5:16:17 PM

However, Shri A.K Jain, counsel for respondent submits that this review can be dismissed on the ground that the one of the judgment debtors has assailed this order before the Supreme Court but that S.L.P was also dismissed by the Supreme Court vide order dated 28.07.2023 and that order is also on record filed by the respondent along with I.A No. 13409/2023.

Counsel for the petitioner submits that under the garb of an order passed by this Court, the decree-holder is trying to take possession of the total land, which is shown in the Schedule-A and therefore, he submit that it may be clarified the possession of the land, which is shown in the decree can be taken by the decree-holder but not the otherwise.

I do not find any substance in the submission made by the counsel for the petitioner because the order is very specific that says the possession shall be taken by the decree-holder in pursuant to the finding given by the court in the decree specifying the area in issue no.3 and accordingly that will be taken in consonance with the attached map i.e Schedule-A. No further clarification is required. Accordingly, review petition is dismissed.

(SANJAY DWIVEDI) JUDGE tarun

Signature Not Verified Signed by: TARUN KUMAR SALUNKE Signing time: 8/25/2023 5:16:17 PM