Shri Bhagwan Singhal vs Lokendra Gupta S/O Namalum Through Lrs ...
2023 Latest Caselaw 22064 MP

Madhya Pradesh High Court

Shri Bhagwan Singhal vs Lokendra Gupta S/O Namalum Through Lrs ... on 21 December, 2023

Author: Avanindra Kumar Singh

Bench: Avanindra Kumar Singh

                                                       1
                            IN    THE    HIGH COURT OF MADHYA PRADESH
                                               AT GWALIOR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE AVANINDRA KUMAR SINGH
                                           ON THE 21 st OF DECEMBER, 2023
                                           MISC. PETITION No. 3352 of 2022

                           BETWEEN:-
                           1.    SHRI BHAGWAN SINGHAL S/O CHIRAUNJILAL,
                                 AGED ABOUT 42 YEARS, SANATAN DHARM
                                 MANDIR ROAD JAYENDRAGANJ LASHKAR
                                 (MADHYA PRADESH)

                           2.    ARUN    KUMAR    SINGHAL   S/O    SHRI
                                 CHIRAUNJILAL, AGED ABOUT 33 YEARS,
                                 SANATAN     DHARM     MANDIR     ROAD
                                 JAYENDRAGANJ LASHKAR (MADHYA PRADESH)

                                                                             .....PETITIONERS
                           (BY SHRI RAJEEV SHRIVASTAVA - ADVOCATE)

                           AND
                           1.    LOKENDRA GUPTA S/O NAMALUM THROUGH
                                 LRS
                                 A-SMT. KUSUM GUPTA W/O LATE SHRI
                                 LOKENDRA GUPTA, AGED ABOUT 65 YEARS,

                                 B. ADESH GUPTA S/O LATE SHRI LOKENDRA
                                 GUPTA, AGED ABOUT 41 YEARS,

                                 C. ANOOP GUPTA S/O LATE SHRI LOKENDRA
                                 GUPTA, AGED ABOUT 38 YEARS,

                                 D. ATUL GUPTA S/O LATE LOKENDRA, AGED
                                 ABOUT 43 YEARS,

                                 E. SMT. VANDANA GUPTA W/O SHRI MAHENDRA
                                 D/O LATE SHRI LOKENDRA GUPTA, AGED ABOUT
                                 45 YEARS,

                                 ALL R/O SANATAN DHARM MANDIR ROAD
                                 JAYENDRAGANJ LASHKAR, GWALIOR (MADHYA
                                 PRADESH)

                           2.    SACHISH CHAND JAIN S/O RAJENDRA JAIN R/O
Signature Not Verified
Signed by: JAI PRAKASH
SOLANKI
Signing time: 22-12-2023
06:08:45 PM
                                                            2
                                   SANATAN      DHARM        MANDIR      ROAD
                                   JAYENDRAGANJ LASHKAR GWALIOR DECEASED
                                   THROUGH LRS
                                   A. GAURAV JAIN S/O LATE SHRI SACHISH CHAND
                                   JAIN SADAR BAZAR CHANDERI DISTRICT GUNA
                                   (MADHYA PRADESH)

                                                                                           .....RESPONDENTS
                           (NONE )

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

Petitioners have filed this petition being aggrieved by order dated 21/6/2022 passed by 7th Civil Judge, Junior Division, Gwalior in Civil Suit No. 6-A/2013; whereby, application preferred by the petitioners under Order XIV

Rule 5 CPC has been rejected.

Having heard learned counsel for the petitioners, this petition is disposed of with the observation that trial Court is always free to frame necessary issues before passing final judgment as per law on its own merits for just decision in light of the fact that it allowed the amendment application of petitioner. Petitioners are also at liberty to move afresh if required again.

Petition stands disposed of with the aforesaid observations.

(AVANINDRA KUMAR SINGH) JUDGE JPS/-