Islamuddin vs Abdul Sattar
2023 Latest Caselaw 20559 MP

Madhya Pradesh High Court

Islamuddin vs Abdul Sattar on 5 December, 2023

Author: Achal Kumar Paliwal

Bench: Achal Kumar Paliwal

                         1

IN THE HIGH COURT OF MADHYA PRADESH
             AT I N D O R E
                      BEFORE
  HON'BLE SHRI JUSTICE ACHAL KUMAR PALIWAL

          ON THE 5th OF DECEMBER, 2023

          SECOND APPEAL No. 1685 of 2023

BETWEEN:-
ISLAMUDDIN S/O SHRI BAHADAR KHAN, AGED ABOUT 60
YEARS, OCCUPATION: BUSINESS 72, KASARA BAZAR RATLAM,
DISTRICT RATLAM (MADHYA PRADESH)
                             .....APPELLANT/DEFENDANT
(MR.MAKBOOL AHMAD MANSOORI, ADVOCATE FOR APPELLANT)

AND
   ABDUL SATTAR S/O LATE MOHAMMED ALI, AGED ABOUT 59
   YEARS, OCCUPATION: NOTHING 40, KHIZRABAD-B COLONY,
1.
   KHAJRANA, KANADIA ROAD INDORE, DISTRICT INDORE
   (MADHYA PRADESH)
   SMT. MUMTAZ BEE W/O MOHAMMED HUSSAIN, AGED
2. ABOUT 57 YEARS, OCCUPATION: NOTHING VILLAGE BASSI,
   DISTRICT CHHITTORGARH (RAJASTHAN) (RAJASTHAN)
   SMT. MEHRAJ BANO W/O MANSOOR HUSSAIN, AGED ABOUT
3. 55 YEARS, OCCUPATION: NOTHING VILLAGE SANWARIAJI,
   DIST. NIMBAHEDA (RAJASTHAN)
   SMT. SHAMEEM BANO W/O AHMED HUSSAIN, AGED ABOUT
4. 53 YEARS, OCCUPATION: NOTHING INDIRA COLONY,
   NEEMUCH (MADHYA PRADESH)
   MOHAMMAD RAFIQUE S/O MOHAMMED, AGED ABOUT 52
5. YEARS, OCCUPATION: NOTHING HOUSE NO. 72/2, KASARA
   BAZAR, RATLAM (MADHYA PRADESH)
   MANZOOR HUSSAIN S/O MOHAMMED ALI, AGED ABOUT 51
6. YEARS, OCCUPATION: NOTHING HOUE NO. 72/2, KASARA
   BAZAR RATLAM (MADHYA PRADESH)
   IQBAL HUSSAIN S/O MOHAMMED ALI, AGED ABOUT 47
7. YEARS, OCCUPATION: BUSINESS HOUSE NO. 72/2, KASARA
   BAZAR, RATLAM (MADHYA PRADESH)
                         .....RESPONDENTS/PLAINTIFFS
                                  2

(MR. VEER KUMAR JAIN, SENIOR ADVOCATE WITH MS. VAISHALI
JAIN, COUNSEL FOR THE RESPONDENT NO.7)
      This appeal coming on for admission this day, the court
passed the following:

                            ORDER

This second appeal has been filed by the appellant/defendant under Section 100 of Code of Civil Procedure, 1908, against the judgment dated 06.05.2023 passed by learned Fourth District Judge, Ratlam (MP) in Regular Civil Appeal No.18/2013, dismissing the appeal preferred by the appellant/defendant and has affirmed the order dated 02.02.2023 passed by the Third Civil Judge, Junior Division, Ratlam in RCS No.163/2021 dismissing the counter claim preferred by the appellant.

(2) I have heard counsels for the parties and have perused the record of Court below.

(3) Learned trial Court vide order dated 02.02.2023 passed in RCS 163-A/2021 dismissed the counter claim filed by the appellant/defendant and appeal against the above order has also been dismissed by the Fourth District Judge, Ratlam vide judgment dated 06.05.2023 passed in RCA No.18/2023. Against this, appellant/defendant has filed the present second appeal.

(4) Admittedly, in the instant case, the appellant/defendant has filed written statement on 21.01.2022 and issues have been framed on 12.10.2022 and counter claim has been filed on 30.08.2022.

(5) As per law laid down by Hon'ble Apex Court in the case of Ashok Kumar Kalra vs. Surendra Agnihotri and Others reported

in (2020) 2 Supreme Court Cases 394 and Mahendra Kumar and Another vs. State of Madhya Pradesh and Others reported in (1987) 3 Supreme Court Cases 265, after framing of issues counter claim cannot be entertained.

(6) Therefore, in view of settled position of law, no substantial questions of law arise in the instant case. Hence, appeal cannot be admitted for final hearing and therefore, the instant appeal is dismissed in limine.

(ACHAL KUMAR PALIWAL) JUDGE

ARUN

DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=HIGH COURT OF MADHYA PRADESH BENCH INDORE, 2.5.4.20=d5b56e3de75e7828ced1a96bc4f0 1804c3ea1f0a5497e4019e41c0a82cbabbf0,

NAIR postalCode=452001, st=Madhya Pradesh, serialNumber=192F2423E128DC1CC004DD 8FF22B3F2FFC3D1EF75981FCBEF3B2B7682 3F270F7, cn=ARUN NAIR Date: 2023.12.07 16:40:46 +05'30'