Shyam Sunder vs Rajbahadur
2023 Latest Caselaw 1891 MP

                                                         1
                          IN    THE      HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                    BEFORE
                                   HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                            ON THE 2 nd OF FEBRUARY, 2023
                                            SECOND APPEAL No. 878 of 2009

                         BETWEEN:-
                         SHYAM SUNDER S/O LATE SHRI BHAIYALAL, AGED
                         ABOUT 55 YEARS, OCCUPATION: AGRICULTURIST
                         MALKAPUR, POST KHUNDARA, TEH. & DISTT. BETUL
                         (MADHYA PRADESH)

                                                                                     .....APPELLANT
                         (NONE )

                         AND
                         1.    RAJBAHADUR S/O BHIKARILAL VERMA, AGED
                               ABOUT 36 YEARS, OCCUPATION: AGRICULTURE
                               MALKAPUR, POST KHUNDARA, TEH. & DISTT.
                               BETUL (MADHYA PRADESH)

                         2.    BAJBAHADUR S/O BHIKHARILAL, AGED ABOUT
                               30   YEARS, OCCUPATION: AGRICULTURIST,
                               MALKAPUR, POST KHANDARA, DISTT.BETUL
                               (MADHYA PRADESH)

                         3.    COLLECTOR / DISTRICT MAGISTRATE STATE OF
                               M.P. DISTT.BETUL (MADHYA PRADESH)

                                                                                  .....RESPONDENTS
                         (MS. PREETI SING-PANEL LAWYER FOR RESPONDENT 3/STATE )

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

This second appeal has been preferred by the plaintiff challenging the judgment and decree dated 20.04.2009 passed by Second Additional District Judge, Betul in civil appeal No.46-A/2008, affirming the judgment and decree

Signature Not Verified Signed by: SWETA SAHU Signing time: 2/3/2023 2:48:06 PM

dated 03.11.2008 passed by Additional Civil Judge Class-I to the court of Civil Judge Class-I, Betul in civil suit No.123-A/2007, whereby suit filed by the appellant/plaintiff for declaration of title, permanent injunction and for restoration of possession along with mesne profit has been dismissed holding that the Will allegedly executed by Late Bhagwanti Bai in favour of the plaintiff is not proved, but the Will executed by her in favour of defendants 1-2 is proved, on the basis of which the defendants 1-2 are owner and in possession.

None appears on behalf of the appellant. On 24.08.2009, 11.09.2014, 05.01.2015, 27.04.2016 and 30.06.2021 also none had appeared on behalf of the appellant and on 20.04.2022 and 07.05.2022 the counsel appeared and

prayed time.

In view of the aforesaid, it appears that the appellant has lost interest in the appeal and does not want to prosecute the case.

Accordingly, this second appeal is dismissed for want of prosecution. Interim application(s), if any, shall stand dismissed.

(DWARKA DHISH BANSAL) JUDGE ss

Signature Not Verified Signed by: SWETA SAHU Signing time: 2/3/2023 2:48:06 PM