Ramkrishna vs Mukesh Kumar
2023 Latest Caselaw 21068 MP

Madhya Pradesh High Court

Ramkrishna vs Mukesh Kumar on 12 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 12 th OF DECEMBER, 2023
                                             MISC. APPEAL No. 3547 of 2023

                         BETWEEN:-
                         1.    RAMKRISHNA       S/O     BANWARI       LAL
                               CHANDRANARAYAN, AGED ABOUT 60 YEARS,
                               OCCUPATION: RETD. STATIC OFFICER R/O H.NO.
                               14 KENDRIYA VIDHYALAYA DURG TEHSIL AND
                               DISTT. DURG (CHHATTISGARH)

                         2.    GOPAL S/O BANWARI LAL CHANDRANARAYAN
                               BRAMHAN, AGED ABOUT 45 YEARS, WARD NO. 8
                               SEONI MALVA TEHSIL SEONI MALVA DISTRICT
                               HOSHANGABAD (MADHYA PRADESH)

                                                                                     .....APPELLANTS
                         (BY SHRI R.N.DWIVEDI - ADVOCATE)

                         AND
                         1.    MUKESH KUMAR S/O KALIKA PRASAD SHARMA,
                               AGED ABOUT 49 YEARS, OCCUPATION: GOVT.
                               SERVICE (TEACHER) BHEEMSHAH MARG WARD
                               NO. 9 SEONI MALVA TEHSIL SEONI MALVA
                               DISTT. HOSHANGABAD (MADHYA PRADESH)

                         2.    MANEESH KUMAR S/O AMARDAS SINGWANE
                               GUJAR, AGED ABOUT 39 YEARS, WARD NO. 8
                               MAIN ROAD SEONI MALVA TEHSIL SEONI
                               MALVA DISTRICT HOSHANGABAD (MADHYA
                               PRADESH)

                                                                                   .....RESPONDENTS
                         (RESPONDENT NO.1 BY SHRI N.K.SHARMA - ADVOCATE)

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

This appeal is filed being aggrieved of judgment dated 10.3.2023 passed

by learned II Additional Judge (Link Court) to the Court of 1st District Judge, Seoni Malva, District Narmadapuram in R.C.A No.26/2022 making a wholesale remand of the case without framing any issues, which is contrary to the judgment of the Coordinate Bench passed in the case of Vipin Kumar and Others Vs. Sarojani, 2013(1) MPLJ 480.

Accordingly, the impugned judgment dated 10.3.2023 passed by learned II Additional Judge (Link Court) to the Court of 1st District Judge, Seoni Malva, District Narmadapuram in R.C.A No.26/2022 is hereby quashed. The learned Appellate Court is directed to decide the appeal on its own merits after taking into consideration the material available on record within a period of sixty

days from the date of receipt of certified copy of the order being passed today.

In above terms, this Miscellaneous Appeal stands allowed and disposed of.

Record, if any, be sent back.

(VIVEK AGARWAL) JUDGE amit