Bihari Lal vs Smt Richha Sharma
2023 Latest Caselaw 8964 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
                                            MISC. PETITION No. 4580 of 2018

                          BETWEEN:-
                          1.    BIHARI LAL S/O LATE DHANPAT PATEL, AGED
                                ABOUT 50 YEARS, BADI KHIRANI, VINOBA WARD,
                                KATNI (MADHYA PRADESH)

                          2.    RAM KISHORE PATEL S/O LATE DHANPAT PATEL,
                                AGED ABOUT 40 YEARS, BADI KHIRANI, VINOBA
                                WARD, KATNI (MADHYA PRADESH)

                                                                                    .....PETITIONERS
                          (NONE )

                          AND
                          1.    SMT RICHHA SHARMA W/O HAIRKRISHNA
                                SHARMA, AGED ABOUT 40 YEARS, 207, JIVAJI
                                NAGAR THATIPUR, (MADHYA PRADESH)

                          2.    MASTER HARSHIL SHARMA S/O HARIKRISHNA
                                SHARMA, AGED ABOUT 12 YEARS, OCCUPATION:
                                THROUGH NATURAL GUARDIAN HARIKRISHNA
                                SHARMA R/O 207 JIVAJI NAGAR THATIPUR
                                GWALIOR (MADHYA PRADESH)

                          3.    VIMAL BAHADUR SINGH S/O VIRENDRA SINGH
                                BHATTA MOHALLA (M. P.)

                          4.    STATE OF MP THROUGH THE COLLECTOR KATNI
                                DISTRICT KATNI MP DISTT. KATNI M.P.

                                                                                  .....RESPONDENTS
                          (BY SHRI AJAY RAIZADA - ADVOCATE FOR THE RESPONDENTS 1-3 AND
                          SHRI RAJIV PANDEY - PANEL LAWYER FOR THE STATE/RESPONDENT 4
                          )

                                This petition coming on for admission this day, th e court passed the
                          following:
Signature Not Verified
Signed by: PRASHANT
BAGJILEWALE
Signing time: 6/16/2023
7:16:38 PM
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                                                                ORDER

None appears for the petitioners even in second/pass over round at 02.35 pm.

2. This miscellaneous petition has been preferred against the judgment/final order dated 18.05.2018 passed by 4th Additional District Judge, Katni in miscellaneous civil case no.2700013/2014, whereby learned appellate Court has allowed the appeal filed by the respondents 1-2 and set aside the order dated 06.03.2014 passed by trial Court in MJC No.37/09 and set aside the exparte judgment and decree dated 29.11.2006 passed in favour of the petitioners.

3. In my considered opinion, the impugned order, whereby the miscellaneous

appeal filed against the order dated 06.03.2014 in MJC No.37/09 has been dismissed, is revisable and miscellaneous petition is not maintainable.

4. Accordingly, miscellaneous petition is dismissed as not maintainable. However, liberty is reserved with the petitioners to challenge the impugned judgment/final order dated 18.05.2018 by filing civil revision in accordance with law.

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

6. Registry is directed to return the certified copy of the impugned judgment to the learned counsel for the petitioners after retaining its photocopy on record.

(DWARKA DHISH BANSAL) JUDGE pb

Signature Not Verified Signed by: PRASHANT BAGJILEWALE Signing time: 6/16/2023 7:16:38 PM