Jawaharlal Gupta (Dead) Lrs Smt. ... vs Setlal Sahu
2023 Latest Caselaw 1473 MP

                                                            1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                    BEFORE
                                   HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                              ON THE 25 th OF JANUARY, 2023
                                               CIVIL REVISION No. 61 of 2015

                          BETWEEN:-
                          1.   JAWAHARLAL GUPTA (DEAD) THROUGH LRS
                          1A SMT. UMA DEVI D/O LATE SHRI JAWAHARLAL
                          GUPTA, W/O VINOD KUMAR GUPTA, AGED ABOUT 50
                          YEARS,
                          2 HEERALAL GUPTA S/0 JAGANNATH PRASAD GUPTA,
                          AGED ABOUT 73 YEARS
                          (BOTH R/O VILLAGE DONGARI P.S. SARAI TEHSIL AND
                          SINGRAULI (MADHYA PRADESH)

                                                                                         .....PETITIONER
                          (BY SHRI A.S. BAGHEL-ADVOCATE )

                          AND
                          1.    SETLAL SAHU S/O SHRI RAM BADAN SAHU, AGED
                                ABOUT 48 YEARS, VILLAGE DONGARI P.S. SARAI
                                TEHSIL AND DISTRICT SINGRAULI (MADHYA
                                PRADESH)

                          2.    SIYARAM S/O MANDHARI SAHU, AGED ABOUT 43
                                YEAR S , VILL. DONGARI P.S. SARAI (MADHYA
                                PRADESH)

                                                                                       .....RESPONDENTS


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

This civil revision has been preferred by plaintiffs/applicants challenging the order dated 09.02.2012 passed by Civil Judge Class-I, Singrauli, Headquarter Waidhan in civil suit no.120A/2010, whereby suit filed by plaintiffs/applicants under Section 6 of the Specific Relief Act for recovery of Signature Not Verified Signed by: S HUSHMAT HUSSAIN Signing time: 1/27/2023 11:04:26 AM

possession was dismissed.

2. From the record it appears that against the judgment and decree dated 09.02.2012, plaintiffs had preferred regular civil appeal no.10A/2012 before the District Judge, Singrauli which by judgment and decree dated 18.12.2014 has been dismissed. Thereafter, this civil revision has been filed along with an application under Section 5 read with section 14 of the Limitation Act seeking condonation of delay.

3. After arguments at length and in the light of findings recorded by learned trial Court in para-16 of its judgment and decree dated 09.02.2012, learned counsel for the applicants prays for withdrawal of this civil revision with liberty

to file a fresh suit for recovery of possession on the basis of title.

4. Prayer being reasonable is accepted.

5. Accordingly, this civil revision is dismissed as withdrawn with the aforesaid liberty.

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

(DWARKA DHISH BANSAL) JUDGE sh

Signature Not Verified Signed by: S HUSHMAT HUSSAIN Signing time: 1/27/2023 11:04:26 AM