Radheyshyam Singh Gurjar vs Harishchandra Mangal
2023 Latest Caselaw 22274 MP

Madhya Pradesh High Court

Radheyshyam Singh Gurjar vs Harishchandra Mangal on 22 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 22 nd OF DECEMBER, 2023
                                     MISCELLANEOUS PETITION No. 7416 of 2023

                           BETWEEN:-
                           RADHEYSHYAM SINGH GURJAR S/O LATE SHRI
                           MADHO SINGH GURJAR, AGED ABOUT 55 YEARS,
                           OCCUPATION: AGRICULTURE R/O VILLAGE CHURHELA
                           TEHSIL AND DISTRICT MORENA (MADHYA PRADESH)

                                                                                .....PETITIONER
                           (BY SHRI PRASHANT SHARMA- ADVOCATE)

                           AND
                           1.    HARISHCHANDRA MANGAL S/O LATE SHRI
                                 SHANKARLAL MANGAL, AGED ABOUT 66 YEARS,

                           2.    SUNEEL MANGAL S/O SHRI HARISHCHANDRA
                                 MANGAL, AGED ABOUT 44 YEARS,

                           3.    MANISH MANGAL S/O SHRI HARISHCHANDRA
                                 MANGAL, AGED ABOUT 40 YEARS,

                           4.    SMT POONAM MANGAL W/O SHRI SUNEEL
                                 MANGAL, AGED ABOUT 42 YEARS,

                           5.    ANIL MANGAL S/O SHRI HARISHCHANDRA
                                 MANGAL, AGED ABOUT 48 YEARS,
                                 ALL R/O TRP PURAM COLONY, MORENA TEHSIL
                                 AND DISTRICT MORENA (MADHYA PRADESH)

                           6.    RAMESHCHANDRA SHARMA S/O LATE SHRI
                                 RAMNIWAS SHARMA, AGED ABOUT 50 YEARS,
                                 R/O CIVIL LINE NEAR POLICE STATION VILLAGE
                                 JAURA KHURD TEHSIL AND DISTRICT MORENA
                                 (MADHYA PRADESH)

                                                                              .....RESPONDENTS
                           (BY SHRI SANTOSH AGRAWAL- ADVOCATE FOR RESPONDENTS NO.1 TO
                           5)

Signature Not Verified
Signed by: PRINCEE
BARAIYA
Signing time: 22-12-2023
05:59:24 PM
                                                                  2
                                    Th is petition coming on for hearing this day, th e court passed the
                           following:
                                                                  ORDER

This petition under Article 227 of the Constitution of India has been filed against the order dated 06/11/2023 in Case No.39/2022 RCS passed by the Fourth Civil Judge, Senior Division Morena.

Petitioner/defendant is aggrieved because an unregistered memorandum partition was sought to be exhibited on 13/10/2023 by plaintiffs/respondents and on objection as per paragraph 17, recording of statement was adjourned and on 06/11/2023 after hearing the parties, the Court had after giving the

reasons rejected the objection and refixed the case for plaintiff evidence on 28/11/2023. It is further observed on reading of order dated 06/11/2023 that the Court has referred to the judgment of Suresh Kumar Agrawal Vs. State of M.P. 2011(2) MPJR 211.

Therefore, after hearing learned counsel for the party, this Court is of the considered view that objection has been adequately dealt with but still they may raise any legal grievance at the stage of final argument regarding real nature of document before the Trial Court.

Accordingly, this petition stands disposed of. Let a copy of this order be sent to the concerned Court.

(AVANINDRA KUMAR SINGH) JUDGE Pj'S/-