Madhya Pradesh High Court
Lalman vs Lalji on 10 January, 2023
Author: Dwarka Dhish Bansal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
ON THE 10 th OF JANUARY, 2023
MISC. APPEAL No. 134 of 2023
BETWEEN:-
1. LALMAN S/O MAHESH PRASAD, AGED ABOUT 75
YEARS, R/O VILLAGE NAGORA TAHSIL
BIRSINGHPUR (MADHYA PRADESH)
2. RAM PRASAD S/O SHRI MAHESH PRASAD, AGED
ABOUT 65 YEARS, R/O VILLAGE NAGORA TEHSIL
BIRSINGHPUR DISTRICT SATNA (MADHYA
PRADESH)
3. ANIL S/O SHRI RAMNIWAS BRAMHAN, AGED
ABOUT 33 YEARS, R/O VILLAGE NAGORA TEHSIL
BIRSINGHPUR DISTRICT SATNA (MADHYA
PRADESH)
4. RAJKUMAR S/O SHRI RAMNIWAS, AGED ABOUT
27 YEARS, VILLAGE NAGORA TEHSIL
BIRSINGHPUR DISTRICT SATNA (MADHYA
PRADESH)
.....APPELLANTS
(BY SHRI K PRABHAT KUMAR SHUKLA- ADVOCATE)
AND
1. LALJI S/O MAHESH PRASAD BRAMHAN, AGED
ABOUT 61 YEARS, R/O VILLAGE NAGORA TAHSIL
BIRSINGHPUR (MADHYA PRADESH)
2. LAXMI D/O RAMNIWAS BRAMHAN, AGED ABOUT
36 YEARS, R/O VILLAGE NAGORA TEHSIL
BIRSINGHPUR DISTRICT SATNA (MADHYA
PRADESH)
3. URMILA D/O RAMNIWAS BRAMHAN, AGED
ABOUT 31 YEARS, R/O VILLAGE NAGORA TEHSIL
BIRSINGHPUR DISTRICT SATNA (MADHYA
PRADESH)
Signature Not Verified
Signed by: S HUSHMAT
HUSSAIN
Signing time: 1/11/2023
10:42:32 AM
2
4. BUTTI BAI W/O SHRI AWADHNARESH DWIVEDI,
AGED ABOUT 80 YEARS, R/O VILLAGE SABHAPUR
TEHSIL BIRSINGPUR DISTRICT SATNA (MADHYA
PRADESH)
5. RAJESH KUMAR S/O TIRATH PRASAD PAROHA,
AGED ABOUT 60 YEARS, R/O VILLAGE KARONDI
BITMA TEHSIL BIRSINGPUR DISTRICT SATNA
(MADHYA PRADESH)
6. YOGESH KUMAR S/O SHRI TIRATH PRASAD
PAROHA, AGED ABOUT 57 YEARS, R/O VILLAGE
KARONDI BITMA TEHSIL BIRSINGPUR DISTRICT
SATNA (MADHYA PRADESH)
7. ASHOK KUMAR S/O SHRI TIRATH PRASAD
PAROHA, AGED ABOUT 45 YEARS, R/O VILLAGE
KARONDI BITMA TEHSIL BIRSINGPUR DISTRICT
SATNA (MADHYA PRADESH)
8. SHIVKALI W/O KAMLESH DWIVEDI, AGED ABOUT
58 YEARS, RAMGAON PATWARA POST PATWARA
TEHSIL NAGOD DISTRICT SATNA (MADHYA
PRADESH)
9. RAJEEV KUMAR AGRAWAL S/O SHRI MUKUT
BIHARI AGRAWAL, AGED ABOUT 42 YEARS, R/O
BIRSINGHPUR P.S. SABHAPUR TEHSIL
BIRSINGPUR DISTRICT SATNA (MADHYA
PRADESH)
10. THE STATE OF MADHYA PRADESH THROUGH
THE COLLECTOR SATNA DISTRICT SATNA
(MADHYA PRADESH)
.....RESPONDENTS
(NONE )
This appeal coming on for admission this day, th e court passed the
following:
ORDER
This miscellaneous appeal has been preferred by defendants/appellants
challenging the order dated 21.12.2022 passed by 4th District Judge Satna,
District-Satna whereby in the regular civil appeal learned first appellate court
has by allowing application under Order 39 Rule 1&2 r/w with Section 151
Signature Not Verified
Signed by: S HUSHMAT
HUSSAIN
Signing time: 1/11/2023
10:42:32 AM
CPC, issued order of injunction in favour of the respondent 1/plaintiff whose,
suit was dismissed by learned trial court vide judgment and decree dated
12.09.2022.
After arguments at length learned counsel for the appellants/defendants
submits that the regular civil appeal before the first appellate court is fixed for
final arguments on 3.02.2023, therefore, instead of passing any order in the
present miscellaneous appeal learned first appellate court be directed to decide
the pending civil appeal on the next date of listing because as per para 10 of the
impugned order the civil appeal is riped for final hearing.
Prayer being reasonable is accepted and this miscellaneous appeal is
disposed of with the direction that as the civil appeal is riped for final hearing,
therefore, learned first appellate court shall decide the same on or before
28.02.2023.
With the aforesaid observation this miscellaneous appeal is disposed off.
Interim application(s), if any, shall stand disposed off.
(DWARKA DHISH BANSAL)
JUDGE
VPA
Signature Not Verified
Signed by: S HUSHMAT
HUSSAIN
Signing time: 1/11/2023
10:42:32 AM
