Ramprakash Saini vs Nandlal Saini
2023 Latest Caselaw 9045 MP

                                                        1
                            IN    THE     HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                                               ON THE 19 th OF JUNE, 2023
                                            MISC. PETITION No. 2235 of 2023

                           BETWEEN:-
                           1.    RAMPRAKASH SAINI S/O SHRI NANDLAL, AGED
                                 ABOUT 40 YEARS, OCCUPATION: PVT. JOB R/O
                                 VILLAGE RAIPUR TEHSIL AND DISTRICT
                                 NARMADAPRAM (MADHYA PRADESH)

                           2.    OMPRAKASH SAINI S/O SHRI NANDLAL, AGED
                                 ABOUT 30 YEARS, OCCUPATION: FARMER R/O
                                 VILLAGE RAIPUR, TEHSIL AND DISTRICT
                                 NARMADAPURAM (MADHYA PRADESH)

                                                                               .....PETITIONERS
                           (BY SHRI DEVENDRA GANGRADE - ADVOCATE)

                           AND
                           1.    NANDLAL SAINI S/O SHRI GHEESA, AGED ABOUT
                                 50 YEARS, R/O VILLAGE RAIPUR TEHSIL AND
                                 DISTRICT     NARMADAPURAM         (MADHYA
                                 PRADESH)

                           2.    PRAHLAD SAINI S/O SHRI GHEESA, AGED ABOUT
                                 45 YEARS, R/O VILLAGE RAIPUR, TEHSIL AND
                                 DISTRICT     NARMADAPURAM         (MADHYA
                                 PRADESH)

                           3.    HARLAL SAINI S/O SHRI GHEESA, AGED ABOUT 42
                                 YE A R S , R/O VILLAGE RAIPUR, TEHSIL AND
                                 DISTRICT        NARMADAPURAM       (MADHYA
                                 PRADESH)

                           4.    BALRAM SAINI S/O SHRI GHEESA, AGED ABOUT
                                 48 YEARS, R/O VILLAGE RAIPUR, TEHSIL AND
                                 DISTRICT     NARMADAPURAM        (MADHYA
                                 PRADESH)

                           5.    STATE OF MADHYA PRADESH          THROUGH
                                 C O L L E C T O R NARMADAPURAM    (MADHYA
                                 PRADESH)
Signature Not Verified
Signed by: VARSHA
CHOURASIYA
Signing time: 21-06-2023
16:55:23
                                                                2

                                                                                           .....RESPONDENTS


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

This petition under Article 227 of the Constitution of India has been filed against the order dated 16.01.2023 passed by First Additional Judge to the Court of First Civil Judge Junior Division, Narmadapuram in RCS A 67-17.

2. It is submitted by Shri Gohil that by the impugned order an application under Order 1 Rule 10 CPC was rejected. Today the case is fixed for delivery of judgment.

3. Since the respondents have not entered their appearance, therefore, it is not possible for this Court to take up this case for final disposal.

4. Under these circumstances, this Court is of the considered opinion that no useful purpose would be served by keeping the petition pending.

5. Accordingly, in the light of fact that today the trial is fixed for delivery of judgment, the petition is disposed of with liberty to the petitioners that if occasion arises, they can raise this point in the appeal.

(G.S. AHLUWALIA) JUDGE vc

Signature Not Verified Signed by: VARSHA CHOURASIYA Signing time: 21-06-2023 16:55:23