Brijpal Ahirwar vs Smt. Laxmibai Ahirwar
2023 Latest Caselaw 9047 MP

                                                                   1
                                        IN    THE     HIGH COURT OF MADHYA PRADESH
                                                           AT JABALPUR
                                                                BEFORE
                                                  HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                          ON THE 19 th OF JUNE, 2023
                                                         MISC. APPEAL No. 1267 of 2020

                                       BETWEEN:-
                                       1.    BRIJPAL AHIRWAR S/O SHRI GYARSILAL
                                             AHIRWARY, AGED ABOUT 28 YEARS, VILL. GALAN
                                             TEH. NOWGONG DIST. CHHATARPUR (MADHYA
                                             PRADESH)

                                       2.    SANJU @ SANJAY @ SANJEEV AHIRWAR S/O
                                             GYARSILAL AHIRWAR, AGED ABOUT 26 YEARS,
                                             R/O VILLAGE GALAN, TEHSIL NOWGONG
                                             (MADHYA PRADESH)

                                                                                          .....APPELLANTS
                                       (BY SHRI ASHISH SHROTI - ADVOCATE)

                                       AND
                                       1.    SMT. LAXMIBAI AHIRWAR W/O GYARSILAL
                                             AHIRWAR, AGED ABOUT 56 YEARS, VILL. GALAN
                                             TEH. NOWGONG DIST. CHHATARPUR (MADHYA
                                             PRADESH)

                                       2.    JAI SINGH AHIRWAR S/O GYARSILAL AHIRWAR,
                                             AGED ABOUT 32 YEARS, R/O VILLAGE GALAN,
                                             TEHSIL NOWGONG (MADHYA PRADESH)

                                       3.    VIKARM SINGH S/O DEV SINGH THAKUR, AGED
                                             ABOUT 28 YEARS, R/O RAJPOOT COLONY,
                                             HARPALPUR, TEHSIL NOWGONG (MADHYA
                                             PRADESH)

                                       4.    DWARKA PRASAD S/O GADHU LODHI, AGED
                                             ABOUT 73 YEARS, R/O VILLAGE GALAN, TEHSIL
                                             NOWGONG (MADHYA PRADESH)


Signature Not Verified
                                       5.    RAHUL    S/O    GANGARAM      KUSHWAHA
  SAN
                                             OCCUPATION: MINOR THR. GUARDIAN (FATHER)
                                             SHRI GANGARAM KUSHWAHA AGE 58 R/O
Digitally signed by VAIBHAV YEOLEKAR
Date: 2023.06.21 19:15:02 IST                VILLAGE GALAN, TEHSIL NOWGONG (MADHYA
                                             PRADESH)
                                                                             2

                                       6.       RAJESH    S/O    BACCHILAL    KUSHWAHA
                                                OCCUPATION: MINOR THR. GUARDIAN (FATHER)
                                                SHRI BACHCHILAL KUSHWAHA R/O VILLAGE
                                                GALAN, TEHSIL NOWGONG (MADHYA PRADESH)

                                       7.       STATE OF MADHYA PRADESH THR. COLLECTOR
                                                DISTT-CHHATARPUR (MADHYA PRADESH)

                                                                                                       .....RESPONDENTS
                                       (SHRI AMIT SHARMA - GOVERNMENT ADVOCATE FOR THE STATE)
                                       (SHRI SHYAM YADAV - ADVOCATE FOR RESPONDENT NOS. 3, 4, 5 AND 6)

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

This Miscellaneous appeal is filed against the judgment dated 10/02/2020

passed by the learned Second Additional District Judge, Nowgaon, District Chhatarpur in R.C.A. No. 24/2014 making a wholesale remand of the matter to the trial court for determining the issue no. 8 in regard to jurisdiction of the trial court to hear and decide the case.

It is submitted that the issue of payment of court fees and jurisdiction have been dealt with while answering issue nos. 6 and 8 respectively. If there was any perversity in the said order, then that could have been corrected by the appellate court on its own merits as sufficient material was available instead of making a wholesale remand which is not appreciated by the High Court in view of the law laid in the case of Vipin Kumar and others Vs Sarojani 2013 (1) MPLJ 480.

Therefore, the order of wholesale remand is hereby quashed. The appellate Court is directed to decide the appeal on its own merits

Signature Not Verified SAN within a period of thirty days from the date of receipt of certified copy of this

Digitally signed by VAIBHAV YEOLEKAR order.

Date: 2023.06.21 19:15:02 IST

In above terms, the appeal is disposed of.

(VIVEK AGARWAL) JUDGE vy

Signature Not Verified SAN

Digitally signed by VAIBHAV YEOLEKAR Date: 2023.06.21 19:15:02 IST