Brajbhan Nagayach vs Gandharv Singh
2023 Latest Caselaw 8955 MP

                                                            1
                             IN    THE      HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                     BEFORE
                                    HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                                 ON THE 16 th OF JUNE, 2023
                                               CIVIL REVISION No. 898 of 2019

                            BETWEEN:-
                            BRAJBHAN NAGAYACH S/O LATE KISHORILAL
                            NAGAYACH, AGED ABOUT 51 YEARS, OCCUPATION:
                            AGRICULTURIST R/O. PAWAI DISTT. PANNA (MADHYA
                            PRADESH)

                                                                                       .....PETITIONER
                            (BY SHRI SIDDHARTH GULATEE, ADVOCATE)

                            AND
                            1.    GANDHARV SINGH S/O RAGHUVEER SINGH,
                                  AGED ABOUT 51 YEARS, R/O. VILL. BARALHO PS
                                  AND TEH PAWAI PANNA (MADHYA PRADESH)

                            2.    CHATUR KUMARI W/O GANDHARV SINGH, AGED
                                  ABOUT 48 YEARS, R.O. VILL. BARALHO PS AND
                                  TEH PAWA PANNA (MADHYA PRADESH)

                            3.    KALLU @ KALLA CHOUDHARY S/O RAMMU
                                  CHOUDHARY,    AGED   ABOUT     37    YEARS,
                                  OCCUPATION: DRIVER R/O. PAWAI DISTT. PANNA
                                  (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                            (BY SHRI C.S. PARMAR, ADVOCATE FOR RESPONDENTS 1 & 2)

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

This civil revision has been preferred by the petitioner Brajbhan Nagayach/judgment debtor challenging the order dtd. 13.09.2019 passed by Additional District Judge, Pawai, District Panna in MACC No. 20/2016

Signature Not Verified Signed by: KUMARI PALLAVI SINHA Signing time: 19-06-2023 13:08:31

whereby, for the purpose of enquiry into the agreement/affidavit in question, learned Court below has permitted cross examination of the decree holder only and the petitioner's prayer made thereafter for permission of examination of the parties/witnesses to the agreement/affidavit, has been declined, vide order dtd. 03.10.2019.

2. Record shows that without challenging the order dtd. 13.09.2019, the later order dtd. 03.10.2019 was challenged by the petitioner before this Court by filing C.R. No.757/2019 but the same was dismissed on the ground of non challenging the previous order dtd. 13.09.2019.

3. After arguments at length, learned counsel for the parties are agreed that

one opportunity may be given to the petitioner for proving the agreement/affidavit by examination of the petitioner as well as other attesting witnesses including notary, if any.

4. Accordingly, with the consent of the parties, this civil revision is disposed off with the direction to learned executing Court to permit the petitioner to examine himself alongwith attesting witnesses of the agreement/affidavit including the notary, if any, to prove the agreement/affidavit in question with the further direction to permit the respondents to cross-examine the witnesses, if any, examined by the petitioner.

5. It is made clear that after producing the evidence by the petitioner, the respondents shall also be at liberty to adduce evidence of their choice, if they want, in rebuttal to the evidence adduced by the petitioner.

6. With the aforesaid, this civil revision is allowed and disposed off.

7. The executing Court shall not grant unnecessary adjournments to any of the parties to the litigation and shall try to dispose off the execution as early as possible.

Signature Not Verified Signed by: KUMARI PALLAVI SINHA Signing time: 19-06-2023 13:08:31

8. Interim application(s), if any, shall stand disposed off.

(DWARKA DHISH BANSAL) JUDGE Pallavi

Signature Not Verified Signed by: KUMARI PALLAVI SINHA Signing time: 19-06-2023 13:08:31