Syamlata Bindal vs Mathuralal
2023 Latest Caselaw 9611 MP

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                           IN    THE     HIGH COURT OF MADHYA PRADESH
                                               AT GWALIOR
                                                    BEFORE
                                      HON'BLE SHRI JUSTICE ANAND PATHAK
                                              ON THE 26 th OF JUNE, 2023
                                           MISC. PETITION No. 3283 of 2023

                          BETWEEN:-
                          1.    SYAMLATA   BINDAL    W/O   LATE   SHRI
                                BRIJMOHANDAS, AGED ABOUT 88 YEARS,
                                OCCUPATION -NIL AT PRESENT TIME R/O AT
                                PRESENT KAMLAGANJ SHIVPURI AT PRESENT
                                DAHI MANDI LASHKAR GWALIOR (MADHYA
                                PRADESH)

                          2.    SMT. USHA BANSAL W/O SHRI MADANLAL
                                BANSAL R/O AT PRESENT DABRA MANDI
                                KRISHAK VILLAGE RATHODHANA THROUGH
                                POWER    OF  ATTORNEY   HOLDER   SMT.
                                SHYAMLATA W/O LATE SHRI BRIJMOHANDAS
                                R/O AT PRESENT KAMLAGANJ SHIVPURI AT
                                PRESENT DAHI MANDI LASHKAR GWALIOR
                                (MADHYA PRADESH)

                                                                               .....PETITIONER
                          (BY SHRI R.K. SONI - ADVOCATE)

                          AND
                          1.    MATHURALAL S/O LALCHAND MEENA

                          2.    MARDAN SINGH S/O LALCHAND MEENA

                          3.    PREMNARAYAN    DECEASED   THR   LEGAL
                                REPRESENTATIVE
                                (A) PREMNARAYAN DECEASED THR LEGAL
                                REPRESENTATIVE
                                (B)  GAJRAJ   SINGH   S/O  LATE   SHRI
                                PREMNARAYAN

                                (C) SHRINIVAS S/O LATE SHRI PREMNARAYAN

                                (D)  SHRINGARIBAI          D/O   LATE   SHRI
                                PREMNARAYAN

                          4.    DHEERAJ SINGH S/O MATHURALAL
Signature Not Verified
Signed by: ANIL KUMAR
CHAURASIYA
Signing time: 27-Jun-23
12:35:16 PM
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                          5.    ARJUN SINGH S/O MATHURALAL

                          6.    MANGILAL S/O HARLAL MEENA

                          7.    KARAN SINGH S/O HARLAL MEENA

                          8.    MARDAN SINGH S/O HARLAL MEENA

                          9.    MOHAN PRASAD S/O NANULAL BRAHMIN

                          10.   BABULAL S/O JAMNALAL MEENA
                                ALL RESIDENT OF VILLAGE RATHODHANA
                                TEHSIL CHACHODA DISTRICT GUNA (MADHYA
                                PRADESH)

                                                                                       .....RESPONDENTS
                          (NONE FOR THE RESPONDENTS)

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

Petitioners are seeking a direction for earlier conclusion of execution case bearing No. 93A/2002 (Shyamlata Vs. Mathuralal & Ors.) pending before the Court of Civil Judge, Class-I, Chachoda, District Guna. According to him, a decree for possession and mesne profits has been passed by the trial Court vide judgment and decree dated 06.02.2007 and for execution of the said judgment and decree, case had attained finality vide judgment and decree dated 30.10.2010 passed in Second Appeal No. 211/2017. Thereafter in 2014 petitioner filed execution proceeding but the same is pending consideration before the Executing Court. It is further submitted earlier also in M.P. No.1133/2018 direction for early conclusion was given. He further seeks early conclusion of execution proceedings.

Heard.

It appears from the submission of counsel for the petitioner that Signature Not Verified Signed by: ANIL KUMAR CHAURASIYA Signing time: 27-Jun-23 12:35:16 PM

possession has been given to the petitioners on 08-02-2021 and thereafter application for mesne profits is pending. To enjoy the fruits of litigation, it is imperative that matter reach to the conclusion at the earliest.

Earlier a Misc. Petition bearing No.1133/2018 was filed by the petitioner which was disposed of vide order dated 28-02-2018 in which direction was given for early conclusion of the case. Said direction is reiterated with the words of caution to the party that they shall not seek undue adjournments and if they seek undue adjournment then trial Court shall deal it sternly and conclude the case at an expeditious note.

Petition stands disposed of with the above direction.

(ANAND PATHAK) JUDGE Anil*

Signature Not Verified Signed by: ANIL KUMAR CHAURASIYA Signing time: 27-Jun-23 12:35:16 PM