Smt.Kamla Sharma vs Gopal Datt Dholakhandi
2023 Latest Caselaw 4015 MP

                            1
 IN    THE    HIGH COURT OF MADHYA PRADESH
                    AT GWALIOR
                         BEFORE
      HON'BLE SHRI JUSTICE SATYENDRA KUMAR SINGH
                 ON THE 14 th OF MARCH, 2023
                  MISC. APPEAL No. 32 of 2009

BETWEEN:-
SMT. KAMLA SHARMA W/O SHRI JEEVAN SHARMA,
AGE 43 YEARS, OCCUPATION : HOUSEWIFE, R/O D-56
CENTER 26, NOIDA (U.P.)

                                                   .....PETITIONER
(BY SHRI SANJEEV JAIN - ADVOCATE - ABSENT)

AND
1.    GOPAL DATT DHOLAKHANDI S/O LATE SHRI
      KESHAVDATT DHOLAKHANDI, AGE 38 YEARS,
      OCCUPATION: BUSINESS

2.    HEMDATT DHOLAKHANDI S/O LATE SHRI
      KESHAVDATT DHOLAKHANDI, AGE 37 YEARS,
      OCCUPATION : BUSINESS
      BOTH R/O C-21, BASANT VIHAR, JAIVILAS
      PARISAR, GWALIOR (MADHYA PRADESH)

3.    SMT. MEENAKSHI DHOLAKHANDI W/O LATE
      SHRI RAMDATT DHOLAKHANDI, AGE 35 YEARS,
      R/O H.NO.419/10, SHEEL NIWAS, SECTOR-16,
      VASUNDHARA, GAJIYABAD (U.P.)

4.    MOHINI DHOLAKHANDI D/O SHRI KESHAVDATT
      DHOLAKHANDI, OCCUPATION: NOTHING, R/O
      827/15A, FARIDABAD (HARYANA)

5.    M/S. SANSKRITI BUILDERS AND COLONIZERS
      PVT. LTD. THROUGH MANAGING DIRECTOR
      SHRI GIRRAJ SHARMA, S/O SHRI OMPRAKASH
      SHARMA, R/O MAHALGAON, GWALIOR (MADHYA
      PRADESH)

                                                 .....RESPONDENTS
(SHRI S.S. BANSAL - ADVOCATE FOR RESPONDENT NO. 1)
(SHRI ANURAJ SAXENA - ADVOCATE FOR RESPONDENT NO. 2)
                              2
(SHRI S.M. BHAN - ADVOCATE FOR RESPONDENTS NO. 3 AND 5)

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

This miscellaneous appeal under Order 43 Rule 1(R) of CPC has been preferred against the order dated 19.12.2008 passed by the Court of Third Additional District Judge, Gwalior in Civil Suit No.75-A/2007, whereby appellant's application filed under Order 39 Rule 1 and 2 read with Section 151 of CPC was rejected.

Learned counsel for the respondents submit that after passing of the aforesaid interim order, the civil suit filed against the respondents was also

dismissed by judgment and decree dated 05.11.2015 and appeal against the said judgment and decree is pending before this Court as F.A. No.248/2015, therefore, this appeal has become infructuous as the civil suit has already been disposed of.

As no one has appeared on behalf of the appellant and copy of judgment and decree dated 05.11.2015 has been shown by the learned counsel for the respondent and the fact with regard to the pendency of the appeal against the said judgment has been verified through the M.P. High Court website.

Accordingly, it is dismissed as infructuous.

(SATYENDRA KUMAR SINGH) JUDGE Abhi Digitally signed by ABHISHEK CHATURVEDI Date: 2023.03.15 10:29:58 +05'30'