Lallaram vs Panabai
2023 Latest Caselaw 22094 MP

Madhya Pradesh High Court

Lallaram vs Panabai on 21 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 21 st OF DECEMBER, 2023
                                           SECOND APPEAL No. 1255 of 2022

                           BETWEEN:-
                           LALLARAM S/O SHRI CHOUDA KUSHWAHA, AGED
                           ABOUT 56 YEARS, OCCUPATION: AGRICULTURIST R/O
                           ATRAR TAHSIL AND DISTRICT- CHHATARPUR, M.P.

                                                                             .....APPELLANT
                           (BY SHRI BINOD TIWARI - ADVOCATE)

                           AND
                           1.    PANABAI W/O HIRALAL KUSHWAHA D/O CHOUDA
                                 KUSHWAHA, AGED ABOUT 51 YEARS, R/O
                                 NARSINGHGARH PURVA, TEHSIL AND DISTRICT-
                                 CHHATARPUR, M.P. (MADHYA PRADESH)

                           2.    RATIBAI W/O CHOTELAL KUSHWAHA D/O
                                 CHOUDA KUSHWAHA, AGED ABOUT 66 YEARS,
                                 R/O VILLAGE GURAIYAA ,TEHSIL AND DISTRICT
                                 CHHATARPUR (MADHYA PRADESH)

                           3.    DASHRATH    KUSHWAHA    S/O    CHOUDA
                                 KUSHWAHA,   AGED   ABOUT    56  YEARS,
                                 OCCUPATION: AGRICULTURIST R/O ATRAR
                                 TAHSIL AND DISTRICT- CHHATARPUR, M.P.
                                 (MADHYA PRADESH)

                           4.    SANTU KUSHWAHA W/O RANJITA KUSHWAHA,
                                 AGED ABOUT 76 YEARS, R/O VILLAGE SAVNI
                                 RAJNAGAR, DISTRICT CHHATARPUR (MADHYA
                                 PRADESH)

                           5.    PHULA KUSHWAHA W/O KALLAN KUSHWAHA,
                                 AGED ABOUT 41 YEARS, R/O VILLAGE SAVNI
                                 RAJNAGAR, DISTRICT CHHATARPUR (MADHYA
                                 PRADESH)

                           6.    STATE   OF    M.P., THROUGH COLLECTOR,
                                 C H H A T A R P U R DISTRICT-CHHATARPUR
                                 (MADHYA PRADESH)
Signature Not Verified
Signed by: PRASHANT
BAGJILEWALE
Signing time: 12/22/2023
11:09:30 AM
                                                                2

                                                                                        .....RESPONDENTS
                           (BY SHRI A.K. PALI - ADVOCATE FOR RESPONDENTS 1-2 AND MS. S.
                           BADGAIYA - PANEL LAWYER FOR THE STATE )

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

This second appeal has been preferred by appellant/defendant 2-Lallaram with delay of 1126 days challenging the judgment and decree dated 04.12.2018 passed by 1st Additional District Judge, Chhatarpur in regular civil appeal no.3A/17 affirming the judgment and decree dated 30.11.2016 passed by Additional Civil Judge to the Court of 1st Civil Judge Class-II, Chhatarpur in

civil suit no.60A/15 whereby trial Court dismissed the suit which upon filing appeal by plaintiffs has been decreed by first appellate Court in which the appellant Lallaram and other defendants 2-4 were proceeded exparte.

2. Learned counsel for the appellant/defendant 2 submits that before first appellate Court he was not served with the summons, therefore, he was not aware of the judgment and decree dated 04.12.2018 passed by first appellate Court.

3. After arguments at length, learned counsel for the appellant/defendant 2 in the light of provisions contained in Order 41 rule 21 CPC prays for withdrawal of this second appeal with liberty to file application under Order 41 rule 21 CPC before first appellate Court.

4. Prayer being reasonable is accepted and this second appeal is permitted to be withdrawn and is hereby disposed off with the aforesaid liberty.

5. If such an application is filed subject to law of limitation by the appellant/defendant 2, the same shall be considered and decided by first appellate Court in accordance with the law.

6. It is made clear that this Court has not expressed any opinion on merits and demerits of the case.

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

(DWARKA DHISH BANSAL) JUDGE pb