Sardar Raghuvir Singh @ Balvir ... vs Late Prakashnath (Dead)
2023 Latest Caselaw 1716 MP

                                                     1
                          IN      THE     HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                   BEFORE
                                  HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                           ON THE 31 st OF JANUARY, 2023
                                           CIVIL REVISION No. 280 of 2020

                         BETWEEN:-
                         SARDAR RAGHUVIR SINGH @ BALVIR SINGH S/O SHRI
                         LATE PRADEEP SINGH, AGED ABOUT 78 YEARS,
                         OCCUPATION: NA RAMMANOHAR LOHIYA WARD
                         NEAR NEW BUS STAND GURUNANAK LRON KATNI
                         DISTT. (MADHYA PRADESH)

                                                                            .....PETITIONER
                         (NONE)

                         AND
                         1.    LATE PRAKASHNATH (DEAD) THR. LRS.

                               (1A)   VIVEK  CHATURVEDI,   S/O  LATE
                               PRAKASHNATH CHATURVEDI, AGED ABOUT 48
                               YEARS, R/O MADAN MOHAN CHOUBEY WARD,
                               KATNI, TEH AND DISTT. KATNI (MADHYA
                               PRADESH)

                         (1B) (DELETED)

                         (1C) LATA CHATURVEDI D/O LATE PRAKASHNATH
                              CHATURVEDI,  AGED   ABOUT  52  YEARS,
                              OCCUPATION: NA MADAN MOHAN CHOUBEY
                              WARD (MADHYA PRADESH)

                         (1D) REKHA CHATURVEDI D/O LATE PRAKASHNATH
                              CHATURVEDI,  AGED   ABOUT   50  YEARS,
                              OCCUPATION: NA MADAN MOHAN CHOUBAY
                              WARD (MADHYA PRADESH)

                         (1E) RASHMI CHATURVEDI D/O LATE PRAKASHNATH
                              CHATURVEDI,  AGED   ABOUT    49  YEARS,
                              OCCUPATION: NA MADAN MOHAN CHOUBAY
                              WARD (MADHYA PRADESH)

                         2.    M/S AATISHA CONSTRUCTION PRIVATE LIMITED
                               REGISTERED ADD.SHANTI BHAVAN PATHAK
Signature Not Verified
Signed by: SWETA SAHU
Signing time: 2/1/2023
12:20:34 PM
                                                    2
                               WARD   KATNI THROUGH DIRECTOR HARSH
                               KAPOOR S/O AMARNATH KAPOOR AGE 47
                               SHANTI BHAVAN PATHAK WARD (MADHYA
                               PRADESH)

                                                                                             .....RESPONDENTS
                         (MS. SUDIPTA CHOUBEY-ADVOCATE FOR RESPONDENT 1)

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

None for the petitioner.

This civil revision has been preferred by judgment debtor/defendant/tenant challenging the order dated 07.10.2020 passed by 1st Civil Judge Class I, Katni in Execution case No.3/2011 whereby learned

executing court has dismissed the application dated 21.09.2020 filed by the applicant under Section 151 CPC with the prayer to restrain the decree holder to withdraw the deposited rent till the pendency of SLP before the Supreme Court.

By drawing attention to the order dated 21.09.2021 passed by the Supreme Court in the SLP No.2691/2020, learned counsel for the respondent 1 submits that the SLP filed by defendant/applicant against the order dated 26.08.2019 passed in SA No.953/2015 has already been dismissed, therefore, the prayer made by defendant/applicant by way of application under Section 151 CPC has rendered infructuous.

From bare perusal of record, the submissions made on behalf of respondent 1 appear to be correct, therefore, this civil revision is hereby dismissed as having rendered infructuous.

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

Signature Not Verified Signed by: SWETA SAHU Signing time: 2/1/2023 12:20:34 PM

(DWARKA DHISH BANSAL) JUDGE ss

Signature Not Verified Signed by: SWETA SAHU Signing time: 2/1/2023 12:20:34 PM