Smt. Sumitra vs Lachchhu
2023 Latest Caselaw 20755 MP

Madhya Pradesh High Court

Smt. Sumitra vs Lachchhu on 7 December, 2023

Author: Vivek Agarwal

Bench: Vivek Agarwal

                                                     1
                          IN    THE     HIGH COURT OF MADHYA PRADESH
                                             AT JABALPUR
                                                  BEFORE
                                    HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                         ON THE 7 th OF DECEMBER, 2023
                                          MISC. APPEAL No. 1847 of 2023

                         BETWEEN:-
                         SMT. SUMITRA W/O SHRI JAGDISH PRASAD TIWARI,
                         AGED ABOUT 60 YEARS, R/O VILLAGE BHAPATPUR
                         KURMIYAN TEHSIL AJAYGARH DISTT. PANNA M.P.
                         (MADHYA PRADESH)

                                                                           .....APPELLANT
                         (BY SHRI RAMAKANT AWASTHI - ADVOCATE)

                         AND
                         1.    LACHCHHU S/O SHRI SHIVRAM KURMI PATEL,
                               AGED     ABOUT     60  YEARS, R/O VILLAGE
                               BHAPATPUR KURMIYAN TEHSIL AJAYGARH
                               DISTT. PANNA M.P. (MADHYA PRADESH)

                         2.    SMT. LALLA W/O LATE SHRI LAKSHIRAM PATEL,
                               AGED ABOUT 75 YEARS, VILLAGE BHAPATPUR
                               KURMIYAN TEH. AJAYGARH (MADHYA PRADESH)

                         3.    LALLU S/O LATE SHRI LAKSHIRAM PATEL, AGED
                               ABOUT     48   YEARS, VILLAGE BHAPATPUR
                               KURMIYAN TEH. AJAYGARH (MADHYA PRADESH)

                         4.    RAMSWAROOP S/O LATE SHRI LAKSHIRAM
                               PATEL, AGED ABOUT 46 YEARS, VILLAGE
                               BHAPATPUR   KURMIYAN TEH. AJAYGARH
                               (MADHYA PRADESH)

                         5.    RAMPRASAD S/O LATE SHRI LAKSHIRAM PATEL,
                               AGED ABOUT 37 YEARS, VILLAGE BHAPATPUR
                               KURMIYAN TEH. AJAYGARH (MADHYA PRADESH)

                         6.    SHYAMBAI D/O LATE SHRI LAKSHIRAM PATEL,
                               AGED ABOUT 50 YEARS, VILLAGE TALGAON TEH.
                               RAJNAGAR (MADHYA PRADESH)

                         7.    SAKHI BAI D/O LATE SHRI LAKSHIRAM PATEL,
Signature Not Verified
                               AGED ABOUT 32 YEARS, VILLAGE TALGAON TEH.
Signed by: AMIT JAIN
Signing time: 08-12-
2023 18:45:48
                                                    2
                               RAJNAGAR (MADHYA PRADESH)

                         8.    NANDKISHORE S/O SHRI MANGALDEEN PATEL,
                               AGED     ABOUT     70  YEARS, R/O VILLAGE
                               BHAPATPUR KURMIYAN TEHSIL AJAYGARH
                               DISTT. PANNA M.P. (MADHYA PRADESH)

                         9.    STATE OF M.P. THR. COLLECTOR DISTT. PANNA
                               (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                         (RESPONDENT NO.1 BY SHRI DEVENDRA SINGH BAGHEL - ADVOCATE)

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

This appeal is filed by the appellant being aggrieved of judgment dated

31.8.2021 passed by learned Principal District Judge, Panna in Regular Civil Appeal No.77/2014 blanketly remanding the matter at the instance of the plaintiff after allowing applications under Order VI Rule 17 and Order XLI Rule 27 of the Code of Civil Procedure, 1908, without framing any issue and pointing out that as to why remand is necessary and why the matter could not have been adjudicated by the First Appellate Court after framing additional issues and taking evidence at the stage of the First Regular Appeal.

In view of the aforesaid, the impugned judgment dated 31.8.2021 passed by learned Principal District Judge, Panna in Regular Civil Appeal No.77/2014 being cryptic and in violation of the law laid down by this Hon'ble High Court in Vipin Kumar & Others versus Sarojani 2013 (1) M.P.L.J 480, is hereby set aside. The matter is remanded to the Principal District Judge, Panna to frame additional issues, allow parties to adduce evidence before the First Appellate Court itself and thereafter decide the appeal on its own merits.

In above terms, this appeal is disposed of.

(VIVEK AGARWAL) JUDGE amit