Amrit Lal Kushwaha vs Smt. Babli Vishwakarma
2023 Latest Caselaw 4003 MP

                                                            1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                    BEFORE
                                   HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                               ON THE 14 th OF MARCH, 2023
                                              SECOND APPEAL No. 854 of 2017

                          BETWEEN:-
                          AMRIT LAL KUSHWAHA S/O SHRI SHIV BALAK
                          KUSHWAHA, AGED ABOUT 39 YEARS, R/O VILLAGE
                          GHUMA POST KATRA ,        TEHSIL TEONTHAR
                          DISTT.REWA (MADHYA PRADESH)

                                                                                         .....APPELLANT
                          (BY SHRI SHESHRAJ KUSHWAHA - ADVOCATE )

                          AND
                          1.    SMT. BABLI VISHWAKARMA W/O RAMLAKHAN
                                VISHWAKARMA, AGED ABOUT 37 YEARS, R/O
                                VILLAG GHUMA POST KATRA TEHSIL TEONTHAR
                                DISTT. REWA (MADHYA PRADESH)

                          2.    THE STATE OF MADHYA PRADESH THROUGH
                                COLLECTOR DISTT. REWA (MADHYA PRADESH)

                                                                                      .....RESPONDENTS
                          (BY KU. KAMLESH TAMRAKAR - PANEL LAWYER FOR RESPONDENT
                          NO.2 )

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

This second appeal has been preferred by plaintiff challenging the judgment and decree dated 02.05.2017 passed by Additional District Judge, Teonthar, Distt.Rewa in Civil Appeal No.96A/15 affirming the judgment and decree dated 09.10.2015 passed by Second Civil Judge Class-II Teonthar, Distt.Rewa in Civil Suit No.113A/15 whereby, learned Courts below have

Signature Not Verified dismissed the suit of the plaintiff filed for declaration of title and permanent Signed by: RASHMI RONALD VICTOR Signing time: 3/15/2023 4:52:13 PM

injunction in respect of land Araji No.397/6 area 0.887 hectare (2.19 acres) situated in Ghuma, Tehsil Teonthar, Distt.Rewa.

After arguments at length learned counsel for the appellant/plaintiff prays for withdrawal of this second appeal with liberty to file fresh civil suit.

Prayer being reasonable is accepted and appellant is permitted to withdraw this second appeal with the aforesaid liberty, certainly in accordance with the law.

It is made clear that this Court has not expressed any opinion on merits and demerits of the case.

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

(DWARKA DHISH BANSAL) JUDGE VPA

Signature Not Verified Signed by: RASHMI RONALD VICTOR Signing time: 3/15/2023 4:52:13 PM