Madhya Pradesh High Court
Kamal Kumar Sharma vs Shrinath Tiwari on 21 June, 2023
Author: Gurpal Singh Ahluwalia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
ON THE 21 st OF JUNE, 2023
MISC. PETITION No. 5140 of 2022
BETWEEN:-
KAMAL KUMAR SHARMA S/O LATE SHRI DIWAKAR
SHARMA, AGED ABOUT 58 YEARS, OCCUPATION:
RETIRED THROUGH THE POWER OF ATTORNEY
HOLDER REJESHWARI SHARMA D/O SHRI KAMAL
KUMAR SHARMA AGED ABOUT 37 YEAR OCCUPATION
SERVICE R/O H.NO.31/106 MOHALLA TARHATI REWA
TEHSIL HUZUR DISTRICT REWA (MADHYA PRADESH)
.....PETITIONER
(BY SHRI ASHOK KUMAR JAIN - ADVOCATE)
AND
1. SHRINATH TIWARI S/O LATE SHRI BADRI
PRASAD TIWARI, AGED ABOUT 50 YEARS, R/O
TARHATI PANDITAN MOHALLA TEHSIL HUZUR
DISTRICT REWA (MADHYA PRADESH)
2. KARUN D/O SHRI DIWAKAR PANDEY W/O SHRI
DOWAKAR SHARMA R/O TARHATI, PANDITAN
MOHALLA, TEHSIL HUZUR, DISTRICT REWA
(MADHYA PRADESH)
3. JAGANNATH TIWARI S/O LATE SHRI BADRI
PRASAD, AGED ABOUT 58 YEARS, R/O TARHATI,
PANDITAN MOHALLA, TEHSIL HUZUR, DISTRICT
REWA (MADHYA PRADESH)
4. SHOBHNATH TIWARI S/O LATE SHRI BADRI
PRASAD, AGED ABOUT 47 YEARS, R/O TARHATI,
PANDITAN MOHALLA, TEHSIL HUZUR, DISTRICT
REWA (MADHYA PRADESH)
5. SHIVAM TIWARI S/O LATE SHRI AMARNATH
TIWARI, AGED ABOUT 30 YEARS R/O TARHATI,
PANDITAN MOHALLA, TEHSIL HUZUR, DISTRICT
REWA (MADHYA PRADESH)
Signature Not Verified
Signed by: VARSHA
CHOURASIYA
Signing time: 22-06-2023
19:12:28
2
6. PRADEEP TIWARI S/O LATE SHRI AMARNATH
TIWARI, AGED ABOUT 25 YEARS R/O TARHATI,
PANDITAN MOHALLA, TEHSIL HUZUR, DISTRICT
REWA (MADHYA PRADESH)
7. SHUBHAM TIWARI S/O LATE SHRI AMARNATH
TIWARI, AGED ABOUT 25 YEARS R/O TARHATI,
PANDITAN MOHALLA, TEHSIL HUZUR, DISTRICT
REWA (MADHYA PRADESH)
8. SMT. GOVINDI SHUKLA D/O SHRI RAMESHWAR
TIWARI W/O SHRI TEJMANI SHARMA, AGED
ABOUT 66 YEARS, R/O VILLAGE JIVLA, TEHSIL
RAIPUR KARCHULIYAN, DISTRICT REWA
(MADHYA PRADESH)
9. SMT. KIRAN PANDEY W/O SHRI RAM SHUSHIL
PANDEY, AGED ABOUT 65 YEARS, R/O URHAT
TEHSIL HUZUR, DISTRICT REWA (MADHYA
PRADESH)
10. SMT. KARUNA CHOUBEY W/O SHRI RAJENDRA
CHOUBEY S/O LATE SHRI RAMESHWAR TIWARI
R/O MAHAJAN TOLA, TEHSIL HUZUR, DISTRICT
REWA (MADHYA PRADESH)
11. BAIJNATH TIWARI S/O SHRI JWALA TIWARI,
AGED ABOUT 56 YEARS, R/O TARHATI, TEHSIL
HUZUR, DISTRICT REWA (MADHYA PRADESH)
12. STATE OF MADHYA PRADESH THROUGH THE
C O L L E C T O R DISTRICT REWA (MADHYA
PRADESH)
.....RESPONDENTS
(MS. SUDIPTA CHOUBEY - ADVOCATE FOR RESPONDENT NO.1)
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 29.09.2022 passed by Fourth Additional District Judge,
District Rewa in MCA No.56/2022 by which an order of temporary injunction
has been granted thereby restraining the petitioner from interfering with the use
Signature Not Verified
Signed by: VARSHA
CHOURASIYA
Signing time: 22-06-2023
19:12:28
of latrine/bathroom by the respondent No.1/plaintiff, during the pendency of the
suit.
2. Although arguments were advanced in detail, however, a suggestion
has been given by the counsel for the petitioner that since there is already an
interim order by this Court by order dated 28.11.2022 and at present, the
respondents are not using the latrine/bathroom, therefore, instead of deciding
this petition on merits, the purpose would be served in case if the Trial Court is
directed to decide the suit within a period of four months from today.
3. It is submitted by the counsel for respondent No.1 that since
respondent No.1 has been restrained from using latrine/bathroom in the light of
the interim order dated 28.11.2022, therefore, he may be allowed to use the
latrine/bathroom and she has no objection to the suggestion given by the
counsel for the petitioner that the Trial Court may decide the suit within a period
of four months.
4. Heard the learned counsel for the parties.
5. Undisputedly, the application filed by respondent No.1 for grant of
temporary injunction was rejected by the Trial Court. The appeal filed by
respondent No.1 was allowed by the Appellate Court and this Court by order
dated 28.11.2022 has stayed the effect and operation of the impugned order
dated 29.09.2022. Thus, it is clear that the respondent No.1/plaintiff is not using
the latrine/bathroom in question at least from the date of filing of the suit.
6. Therefore, this Court is of the considered opinion that by maintaining
the interim order dated 28.11.2022, the Trial Court can be directed to expedite
the trial. Accordingly, this petition is disposed of with the following
observations:
(i) If the written statement has not been filed so far, then the same shall be
Signature Not Verified
Signed by: VARSHA
CHOURASIYA
Signing time: 22-06-2023
19:12:28
filed by the petitioner/defendant No.1 within a period of 15 days from today.
(ii) The issues shall be framed within a period of 10 days from the date of
filing of the written statement.
(iii) If the stage of issues has already passed, then the plaintiff shall
examine his witnesses within a period of 1 month from today or else within a
period of 1 month from the date of framing of issues.
(iv) Defendant No.1 shall examine his witnesses within a further period of
next one month.
(v) The final arguments and the judgment shall be delivered within the
next one month.
7. Thus, in all, the Trial Court shall decide the trial within a period of four
months from today.
8 . Needless to mention that any findings recorded by any of the Court
while deciding the application under Order 39 Rule 1 & 2 CPC shall not be
taken into consideration and the Trial Court shall decide the suit strictly in
accordance with the evidence which would come on record.
9. The interim order dated 28.11.2022 passed by this Court will continue
till final disposal of the suit or up to the period of four month whichever is
earlier.
(G.S. AHLUWALIA)
JUDGE
vc
Signature Not Verified
Signed by: VARSHA
CHOURASIYA
Signing time: 22-06-2023
19:12:28
