Dilip Kumar Sharma vs Ajay Kumar Jain
2023 Latest Caselaw 2918 MP

                                                      1
                           IN    THE     HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                   BEFORE
                                  HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                          ON THE 17 th OF FEBRUARY, 2023
                                           SECOND APPEAL No. 90 of 2020

                          BETWEEN:-
                          DILIP KUMAR SHARMA S/O SHRI AWADHNARAYAN
                          SHARMA, AGED ABOUT 37 YEARS, OCCUPATION:
                          BUSINESS R/O KACHHIWALA DIGAMBAR JAIN SAMAJ
                          BHAVAN, IN FRANT OF JAIN SAHITYA SADAN, MAIN
                          ROAD, SEHORE TAH. AND DISTT. SEHORE (MADHYA
                          PRADESH)

                                                                            .....APPELLANT
                          (BY SHRI SHARAD GUPTA, ADVOCATE)

                          AND
                          1.

AJAY KUMAR JAIN S/O LATE SHANTILAL JAIN, AGED ABOUT 51 YEARS, R/O INFRONT OF NEHRU PARK GANGA ASHRAM SEHORE, DIST. SEHORE (MADHYA PRADESH)

2. LALIT KUMAR JAIN S/O LATE BABULAL JAIN, AGED ABOUT 58 YEARS, R/O CHARKHA LINE CHAWNI SEHORE (MADHYA PRADESH)

3. DHANKUMAR KASLIWAL S/O LATE POORANMAL KASLIWAL, AGED ABOUT 59 YEARS, R/O CHANDA ENTERPRISES NEAR CITY POINT NEW BUS STAND (MADHYA PRADESH)

4. PREMILAL JAIN S/O LATE KANHAIYALAL JAIN, AGED ABOUT 65 YEARS, R/O INFRONT OF JAIN MANDIR KASWA SEHORE (MADHYA PRADESH)

5. SUNIL KUMAR JAIN S/O PAL JAIN SAAF, AGED ABOUT 53 YEARS, R/O BADA BAZAR SEHORE (MADHYA PRADESH)

6. DEVCHAND JAIN S/O LATE BODARMAL JAIN, AGED ABOUT 59 YEARS, R/O SUGAR FACTORY CHOURAHA MOTI BADA ROAD (MADHYA PRADESH) Signature Not Verified Signed by: RASHMI RONALD VICTOR Signing time: 2/20/2023 6:24:50 PM

7. PRAKASH JAIN S/O LATE MANNULAL JAIN, AGED ABOUT 61 YEARS, R/O GUDRI NAMAK CHOURAHA SEHORE (MADHYA PRADESH)

8. LALIT KUMAR JAIN S/O LATE GOPAL JAIN, AGED ABOUT 53 YEARS, KIRANA WALE BADA BAZAR CHHAWANI (MADHYA PRADESH)

9. MAHIPAL JAIN S/O LATE SEJMAL JAIN, AGED ABOUT 48 YEARS, NEAR TILAK PARK KASBA (MADHYA PRADESH)

10. SHEEL KUMAR JAIN S/O LATE DAMOHAR KUMAR JAIN, AGED ABOUT 56 YEARS, VARDHMAN ELECRICALS BADA BAZAR CHHAWANI SEHORE (MADHYA PRADESH)

11. PAWAN KUMAR JAIN S/O MISHRILAL JAIN, AGED ABOUT 45 YEARS, R/O 445 GULJARI KA BAGICHA, GANGRA ASHRAM (MADHYA PRADESH)

12. NEERAJ JAIN S/O LATE SAWAIMAL JAIN, AGED ABOUT 45 YEARS, R/O NALANDA PUSTAK SADAN KOTWALI CHOURAHA (MADHYA PRADESH)

13. SUNIL KUMAR JAIN S/O SHRIMAL JAIN, AGED ABOUT 45 YEARS, SUGAR FACTORY CHOURAHA KISHAN COLONY (MADHYA PRADESH)

14. SHRIPAL JAIN S/O LATE SEJMAL JAIN, AGED ABOUT 65 YEARS, NEAR TILAK PARK KASWA SEHORE (MADHYA PRADESH)

15. JAINPAL JAIN S/O LATE RAMLAL JAIN, AGED ABOUT 61 YEARS, NEAR JAIN MANDIR BRAMHPURI SEHORE (MADHYA PRADESH)

16. DR.PANKAJ JAIN S/O LATE SAGARMAL JAIN, AGED ABOUT 50 YEARS, MAHILA POLYTECHNIC BHOPAL NAKA SEHORE (MADHYA PRADESH)

17. ASHOK KUMAR JAIN S/O LATE LABHMAL JAIN PAGLI WALE, AGED ABOUT 58 YEARS, JAIN HARDWARE NEAR PAAN CHOURAHA CHHAWNI (MADHYA PRADESH)

18. PRAVEEN SHASHTRI S/O LATE PREMCHAND SHASTRI, AGED ABOUT 51 YEARS, JAYANTI COLONY NEW BUS STAND SEHORE (MADHYA Signature Not Verified Signed by: RASHMI RONALD VICTOR Signing time: 2/20/2023 6:24:50 PM

PRADESH)

19. VIMAL KUMAR JAIN S/O LATE KAMAL KUMAR JAIN, AGED ABOUT 58 YEARS, R/O NEAR CHARKHALINE JAIN MANDIR CHHAWNI (MADHYA PRADESH)

20. VIMAL KUMAR JAIN S/O LATE SAWAIMAL JAIN, AGED ABOUT 56 YEARS, R/O NEAR MODI SISHU MANDIR BAGGIKHANA CHHAWANI (MADHYA PRADESH)

21. SUDHIR KUMAR JAIN S/O GANESH PRASAD JAIN, AGED ABOUT 48 YEARS, JAIN ROAD NEAR MATA JAI MANDIR PAAN CHOURAHA (MADHYA PRADESH)

22. KRISHNA KUMAR JAIN S/O LATE MANGILAL JAIN, AGED ABOUT 48 YEARS, KIRANA DUKAN PAAN CHOURAHA MAIN ROAD (MADHYA PRADESH)

23. DR.KISHORE KUMAR JAIN S/O LATE NIRMAL KUMAR JAIN, AGED ABOUT 55 YEARS, INFRONT OF DISTRICT HOSPITAL NEAR NAGAR PALIKA OFFICE CHHAWNI (MADHYA PRADESH)

24. AMBER JAIN S/O DHANPAL JAIN, AGED ABOUT 47 YEARS, INFRONT OF HANUMAN MANDIR BADA BAZAR SEHORE (MADHYA PRADESH)

25. PANKAJ KUMAR JAIN (PRAGATI) S/O PREMCHAND JAIN, AGED ABOUT 41 YEARS, PRAGATI GENERAL STORES INFRONT OF MODI MANGALIK BHAWAN (MADHYA PRADESH)

26. VINOD KUMR JAIN S/O AMOLAK CHANDRA JAIN, AGED ABOUT 56 YEARS, SHASHTRI COLONY SEHORE (MADHYA PRADESH)

27. SUMATLAL JAIN S/O LATE SUANDHLAL JAIN, AGED ABOUT 61 YEARS, PALTAN AREA NEW BUS STAND (MADHYA PRADESH)

28. DEPPAK KUMAR JAIN S/O LATE SHANTILAL JAIN, AGED ABOUT 49 YEARS, GANGA ASHRAM DISTT.SEHORE (MADHYA PRADESH)

29. D.K.JAIN S/O LATE ASHRAFI LAL JAIN, AGED ABOUT 59 YEARS, R/O GULJARILAL KA BAGICHA, Signature Not Verified Signed by: RASHMI RONALD VICTOR Signing time: 2/20/2023 6:24:50 PM

BEHIND CITY POST OFFICE (MADHYA PRADESH)

30. AJAY KUMAR JAIN S/O BHAIYALAL JAIN, AGED ABOUT 59 YEARS, KHAJANCHI LINE THROUGH JYOTI BOOK STALL SEHORE (MADHYA PRADESH)

31. DR. ANIL KUMAR JAIN S/O BABULAL JAIN, AGED ABOUT 56 YEARS, PALTAN AREA BUS STAND SEHORE (MADHYA PRADESH)

.....RESPONDENTS

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

ORDER This second appeal has been preferred by defendant/appellant/tenant challenging the judgment and decree dated 27/11/2019 passed by 1st Additional District Judge, Sehore, in C.A. No.35/2018, affirming the judgment and decree dated 07/08/2018 passed by 1st Civil Judge Class-II, Sehore in C.S. No.10- A/2018, whereby decree of eviction was passed.

Learned counsel for the appellant submits that during pendency of this second appeal, the parties have settled their dispute amicably and the appellant has vacated the suit shop, therefore, he does not want to prosecute this second appeal.

Accordingly, this second appeal is dismissed as withdrawn without any liberty.

Interim application(s), if any, shall stand dismissed.

(DWARKA DHISH BANSAL) JUDGE RS

Signature Not Verified Signed by: RASHMI RONALD VICTOR Signing time: 2/20/2023 6:24:50 PM