Rakesh Kumar Lahariya vs Ashok Kumar Gupta
2023 Latest Caselaw 21416 MP

Madhya Pradesh High Court

Rakesh Kumar Lahariya vs Ashok Kumar Gupta on 14 December, 2023

Author: Dwarka Dhish Bansal

Bench: Dwarka Dhish Bansal

                                                               1
                            IN     THE        HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                     BEFORE
                                    HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                               ON THE 14 th OF DECEMBER, 2023
                                                SECOND APPEAL No. 830 of 2016

                           BETWEEN:-
                           RAKESH KUMAR LAHARIYA S/O LATE DWARKA
                           PRASAD LAHARIYA, AGED ABOUT 53 YEARS,
                           OCCUPATION: GOVERNMENT SERVANT MASURHA
                           WARD, AZAD CHOWK PURANI BASTI, KATNI (MADHYA
                           PRADESH)

                                                                                             .....APPELLANT
                           (BY SHRI C.V. RAO - ADVOCATE)

                           AND
                           ASHOK KUMAR GUPTA S/O GHANSHYAM GUPTA, AGED
                           ABOUT 47 YEARS, GANDHIGANJ, KATNI (MADHYA
                           PRADESH)

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

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

At the outset learned counsel for the appellant prays for withdrawal of this second appeal with liberty to file fresh suit for eviction on the grounds available under Section 12(1) of the M.P. Accommodation Control Act, 1961.

2. Prayer being reasonable is accepted.

3. Accordingly, declining interference in the impugned judgment and decree, this second appeal is permitted to be withdrawn and is hereby disposed off with the aforesaid liberty.

4. If such a fresh civil suit is filed by the appellant before the competent Court,

the same shall be decided by it on its own merits without being influenced by the impugned judgment and decree.

5. Pending application(s), if any, shall stand disposed off.

(DWARKA DHISH BANSAL) JUDGE pb