Smt. Ushabai Gond vs Devlal Choudhary
2023 Latest Caselaw 11344 MP

                                                      1
                           IN    THE     HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                   BEFORE
                                HON'BLE SHRI JUSTICE AVANINDRA KUMAR SINGH
                                             ON THE 20 th OF JULY, 2023
                                          SECOND APPEAL No. 363 of 2022

                          BETWEEN:-
                          1.    SMT. USHABAI GOND W/O MANOHARLAL GOND,
                                AGED ABOUT 44 YEARS, R/O VILLAGE CHARGHAT
                                POST SAGRA CHHAPNI, TAH. AND DISTRICT
                                JABALPUR (MADHYA PRADESH)

                          2.    MANOHARLAL GOND S/O LATE RAMPHAL GOND,
                                AGED ABOUT 54 YEARS, R/O VILLAGE CHARGHAT
                                POST SAGRA CHHAPNI, TAH. AND DISTRICT
                                JABALPUR M.P. (MADHYA PRADESH)

                          3.    VIJAY KUMAR S/O MANOHARLAL GOND, AGED
                                ABOUT 26 YEARS, R/O VILLAGE CHARGHAT POST
                                SAGRA CHHAPNI, TAHSIL AND DISTRICT
                                JABALPUR M.P. (MADHYA PRADESH)

                          4.    SMT. MEENA BAI W/O RAJKUMAR, AGED ABOUT
                                30 YEARS, R/O BARHA BARELA JABALPUR M.P.
                                (MADHYA PRADESH)

                          5.    KU. MANISHA D/O MANOHARLAL GOND, AGED
                                ABOUT    22  YEARS, OCCUPATION: NIL R/O
                                VILLAGE CHARGHAT POST SAGRA CHHAPNI,
                                TAHSIL AND DISTRICT JABALPUR M.P. (MADHYA
                                PRADESH)

                                                                            .....APPELLANT
                          (BY SHRI MANOJ SANGHI - ADVOCATE )

                          AND
                          1.    DEVLAL CHOUDHARY S/O RAIYA CHOUDHARY,
                                AGED ABOUT 34 YEARS,

                          2.    RANGILAL CHOUDHARY S/O RAIYA CHOUDHARY,
                                AGED ABOUT 39 YEARS,

                          3.    KAPOORCHAND    CHOUDHARY     S/O   RAIYA
                                CHOUDHARY, AGED ABOUT 44 YEARS,
Signature Not Verified
Signed by: VIKRAM SINGH
Signing time: 7/21/2023
5:56:54 PM
                                                               2

                          4.    POONABAI W/O DEVLAL CHOUDHARY, AGED
                                ABOUT 44 YEARS

                          5.    PARMU S/O BUDDHULAL GOND, AGED ABOUT 59
                                YEARS

                          6.    GIRJA W/O PARMULAL GOND, AGED ABOUT 54
                                YEARS

                          7.    KISHORILAL S/O         PARMULAL       GOND,     AGED
                                ABOUT 34 YEARS

                          8.    SUNITA BAI W/O DEVI SINGH, AGED ABOUT 35
                                YEARS
                                R/O VILLAGE RAJA IMLAI, TAHSIL KUNDAM
                                DISTRICT JABALPUR M.P. (MADHYA PRADESH)

                          9.    STATE OF M.P. THROUGH COLLECTOR DISTRICT
                                JABALPUR M.P. (MADHYA PRADESH)

                                                                                         .....RESPONDENTS
                          (BY SHRI RATNAKAR PRASAD MISHRA - ADVOCATE FOR RESPONDENTS
                          NO. 1 TO 3)

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

At the outset, learned counsel for the appellants informs that his party has filed a review petition, which is pending before the appellate Court at Jabalpur. On perusal of copy of impugned judgment by learned Civil Judge, which has been filed in this appeal shows that after page No.11 containing para 31 the next page number is 16 containing para No.46 therefore something is amiss. He further informs this Court that during the appellate proceedings before the learned District Judge, Jabalpur, parties failed to notice this error in the copy of judgment of the Court below i.e. Court of Civil Judge.

Learned counsel for the respondents No.1 to 3 also informs that some parties have expired during the pendency of instant appeal, hence after hearing Signature Not Verified Signed by: VIKRAM SINGH Signing time: 7/21/2023 5:56:54 PM

the parties and looking to the record, this Court is of the considered opinion that no fruitful purpose will be served by keeping this appeal pending therefore looking to the peculiar circumstances and missing pages in certified copy of the trial Court judgment, hence with consent of the parties this appeal is dismissed without going on merits with liberty to the parties to approach this Court, if occasion arises.

(AVANINDRA KUMAR SINGH) JUDGE Vikram

Signature Not Verified Signed by: VIKRAM SINGH Signing time: 7/21/2023 5:56:54 PM