Pramila Bai vs Rameshwar
2023 Latest Caselaw 8407 MP

                             1
 IN    THE     HIGH COURT OF MADHYA PRADESH
                    AT JABALPUR
                         BEFORE
      HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                   ON THE 12 th OF JUNE, 2023
                MISC. PETITION No. 3474 of 2018

BETWEEN:-
PRAMILA BAI W/O SATYANARAYAN VISHNOI, AGED
ABOUT 53 YEARS, OCCUPATION: R/O AGRICULTURIST
V.V. GIRI WARD IN FRONT OF PATHAK HOMEOPATHIC
H.NO. 30 HARDA TAHSIL AND DISTRICT HARDA
(MADHYA PRADESH)

                                                     .....PETITIONER
(BY SHRI ASHOK KUMAR JAIN - ADVOCATE )

AND
1.    RAMESHWAR S/O LADUJI VISHNOI, AGED ABOUT
      72 YEARS, R/O VILLAGE BATNAGAR TAHSIL
      KHIRKIYA,  DISTRICT    HARDA     (MADHYA
      PRADESH)

2.    MUKESH S/O RAMESHWAR VISHNOI, AGED
      ABOUT 45 YEARS, R/O VILLAGE BATNAGAR TAH.
      KHIRKIYA,   DISTRICT    HARDA    (MADHYA
      PRADESH)

3.    PAWAN S/O MUKESH VISHNOI, AGED ABOUT 22
      Y E A R S , R/O     VILLAGE BATNAGAR TAH.
      KHIRKIYA,       DISTRICT   HARDA  (MADHYA
      PRADESH)

4.    ANUSUIYA BAI W/O MUKESH VISHNOI, R/O
      VILLAGE BATNAGAR TAH. KHIRKIYA, DISTRICT
      HARDA (MADHYA PRADESH)

5.    VIJENDRA S/O SATYANARAYAN VISHNOI, AGED
      ABOUT 28 YEARS, R/O V V GIRI WARD IN FRONT
      OF PATHAK HOMEOPATHIC H.NO.30 HARDA
      (MADHYA PRADESH)

                                                   .....RESPONDENTS
(BY SHRI L.M. SAKLE - ADVOCATE )
                                      2
      This petition coming on for admission this day, th e court passed the
following:
                                      ORDER

With the consent of both the parties, the petition is heard finally.

2. By impugned order dated 07.07.2018 passed by the Additional Judge to the Court of First Additional District Judge Harda in C.A. No.30A/2018, it has been directed by the Appellate Court that the Civil Appeal No.109-A/2015 and Civil Appeal No.15/2018 shall be heard simultaneously on the same day and the judgment shall also be delivered on the same day.

3. It is submitted by the counsel for the petitioner that since the subject matter of both the appeals is same, therefore the Appellate Court did not

commit any mistake by directing for hearing of both the appeals and delivery of judgments on same day.

4. Accordingly, this Court is of the considered opinion that no jurisdictional error was committed by the Appellate Court.

5. The petition fails and is hereby dismissed.

6. From the impugned order, it appears that the appeals were listed for final hearing on 20.07.2018 and the further proceedings were stayed by this Court by order dated 20.08.2018. Accordingly, it is directed that both the

parties shall appear before the Appellate Court on 26 th June, 2023 and the Appellate Court shall fix the date for final hearing and shall positively dispose of

both the appeals latest by 28th July, 2023.

7. As already observed by the Appellate Court, it is needless to mention that both the appeals shall be heard on the same day and the judgment in both the appeals shall be delivered on the very same day.

(G.S. AHLUWALIA) JUDGE Shanu

SHANU RAIKWAR 2023.06.12 19:18:15 +05'30'