Bhagwan Prasad Agnihotri vs Chetmani Verma (Died) Thr. Lrs ...
2023 Latest Caselaw 2939 MP

                                                        1
                            IN    THE    HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                    BEFORE
                                    HON'BLE SHRI JUSTICE MANINDER S. BHATTI
                                           ON THE 17 th OF FEBRUARY, 2023
                                           MISC. PETITION No. 5088 of 2019

                           BETWEEN:-
                           BHAGWAN     PRASAD   AGNIHOTRI    S/O   SHRI
                           YAGYANARAYAN AGNIHOTRI, AGED ABOUT 73 YEARS,
                           OCCUPATION: AGRICULTURIST VILL. ROLURA TEH.
                           RIAPUR KARCHULIYAN (MADHYA PRADESH)

                                                                               .....PETITIONER
                           (BY SHRI K.K. AGNIHOTRI - ADVOCATE)

                           AND
                           1.    CHETMANI VERMA (DIED) THR. LRS SMT.
                                 CHANDRAKALI W/O LATE CHETMANI VERMA,
                                 AGED ABOUT 48 YEARS, OCCUPATION: HOUSE
                                 WIFE VILL. RAURA TEH. RAIPUR KARCHULIYA
                                 (MADHYA PRADESH)

                           2.    KULDEEP S/O LATE CHETMANI VERMA, AGED
                                 ABOUT 28 YEARS, OCCUPATION: AGRICULTURE
                                 VILLAGE RAURA TEH. RAIPUR KARCHULIYA
                                 (MADHYA PRADESH)

                           3.    JAIDEEP VERMA S/O LATE CHETMANI VERMA,
                                 AGED    ABOUT    26   YEARS, OCCUPATION:
                                 AGRICULTURE VILLAGE RAURA TEH. RAIPUR
                                 KARCHULIYA (MADHYA PRADESH)

                           4.    SANDEEP VERMA S/O LATE CHETMANI VERMA,
                                 AGED    ABOUT    22   YEARS, OCCUPATION:
                                 AGRICULTURE VILLAGE RAURA TEH. RAIPUR
                                 KARCHULIYA (MADHYA PRADESH)

                           5.    KU. PRABHAWATI @ RANI D/O LATE CHETMANI
                                 VERMA, AGED ABOUT 28 YEARS, OCCUPATION:
                                 HOUSE WORK VILLAGE RAURA TEH. RAIPUR
                                 KARCHULIYA (MADHYA PRADESH)

                           6.    STATE OF M.P. THROUGH      COLLECTOR DISTT.
                                 REWA (MADHYA PRADESH)
Signature Not Verified
Signed by: SAVITRI PATEL
Signing time: 2/21/2023
5:36:32 PM
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                                                                                         .....RESPONDENTS
                           (BY SHRI SANJEEV KUMAR SINGH - PANEL LAWYER AND SHRI MOHD.
                           RIYAZ - ADVOCATE)

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

This petition has been filed by the petitioner assailing the order dated 02.07.2019 (Annexure P/3) passed by the trial Court by which an application moved by the defendant No.1/petitioner under Order 10 of C.P.C. has been declined.

2 . It is contended by the counsel for the petitioner that earlier as well a

suit was filed by the defandant-Ramkrishna Agnihotri vide RCS No.20-A/2004 which was dismissed vide judgment and decree dated 12.05.2005. Assailing the said judgment and decree dated 12.05.2005, a First Appeal was preferred before this Court vide F.A.No.934/2005 and accordingly, it was prayed that till the disposal of F.A.No.934/2005, further proceedings of the suit be stayed.

3. The said application of the petitioner has been declined by the trial Court while observing that the petitioner has not brought on record the pleadings i.e. plaint as well as written statement pertaining to RCS No.20- A/2004. Therefore, counsel submits that the liberty be extended to the defendant No.1/petitioner to move an application along with pleadings of RCS No.20-A/2004.

4. In view of the aforesaid, as by the impugned order dated 02.07.2019 (Annexure P/3), trial Court has declined to entertain the application on the ground that there was failure on the part of the defendant No.1 to produce the pleadings pertaining to RCS No.20-A/2004, the present petition stands disposed of extending liberty to the defendant No.1/petitioner to move an Signature Not Verified Signed by: SAVITRI PATEL Signing time: 2/21/2023 5:36:32 PM

application afresh under Section 10 of C.P.C. along with pleadings of RCS No.20-A/2004.

5. If such an application is moved by defendant No.1/petitioner before the trial Court, it is expected that the same shall be dealt with by the trial Court without being influenced by the order dated 02.07.2019 (Annexure P/3).

6. With the aforesaid, the present petition stands disposed of. C.c. as per rules.

(MANINDER S. BHATTI) JUDGE sp

Signature Not Verified Signed by: SAVITRI PATEL Signing time: 2/21/2023 5:36:32 PM