Buddha Kurmi vs Khilan Kurmi
2023 Latest Caselaw 5276 MP

                                                       1
                            IN    THE     HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                                             ON THE 29 th OF MARCH, 2023
                                            MISC. APPEAL No. 5364 of 2022

                           BETWEEN:-
                           1.    BUDDHA KURMI S/O LATE HARJU KURMI, AGED
                                 ABOUT 62 YEARS, OCCUPATION: AGRICULTURIST
                                 R/O VILLAGE BHANGARH, TEHSIL BINA
                                 DISTRICT SAGAR (MADHYA PRADESH)

                           2.    PANNALAL S/O LATE DHARAMLAL @ DHARMA
                                 KURMI, AGED ABOUT 72 YEARS, OCCUPATION:
                                 AGRICULTURE R/O VILLAGE BHANGARH, TEHSIL
                                 BINA DISTRICT SAGAR (MADHYA PRADESH)

                                                                             .....APPELLANTS
                           (BY SHRI BHUPENDRA SHUKLA - ADVOCATE)

                           AND
                           1.    KHILAN KURMI S/O LATE BHAGONE @ BHAGONI
                                 KURMI, AGED ABOUT 67 YEARS, R/O VILLAGE
                                 BHANGARH TEHSIL BEENA DISTRICT SAGAR
                                 (MADHYA PRADESH)

                           2.    GHANSHYAM KURMI S/O LATE BHAGONE @
                                 BHAGONI KURMI, AGED ABOUT 62 YEARS R/O
                                 VILLAGE BHANGARH TEHSIL BEENA DISTRICT
                                 SAGAR (MADHYA PRADESH)

                           3.    CHANDRABHAN @ BHANU KURMI S/O LATE
                                 BHAGONE @ BHAGONI, AGED ABOUT 57 YEARS
                                 R/O VILLAGE BHANGARH TEHSIL BEENA
                                 DISTRICT SAGAR (MADHYA PRADESH)

                           4.    BHAIYALAL KURMI S/O LATE GAJADHAR KURMI,
                                 AGED ABOUT 87 YEARS R/O VILLAGE BHANGARH
                                 TEHSIL BEENA DISTRICT SAGAR ,    (MADHYA
                                 PRADESH)

                           5.    RAVI KUMAR KURMI S/O KHILAN KURMI, AGED
                                 ABOUT 27 YEARS, R/O VILLAGE BHANGARH
                                 TEHSIL BEENA DISTRICT SAGAR (MADHYA
Signature Not Verified
Signed by: VARSHA
CHOURASIYA
Signing time: 29-03-2023
17:56:15
                                                             2
                                 PRADESH)

                           6.    SARDAR KURMI S/O LATE SHRI GOPI KURMI,
                                 AGED   ABOUT   33  YEARS, R/O VILLAGE
                                 BHANGARH TEHSIL BEENA DISTRICT SAGAR
                                 (MADHYA PRADESH)

                           7.    SMT. SHANTI BAI W/O LATE GOPI KURMI, AGED
                                 ABOUT 57 YEARS R/O VILLAGE BHANGARH
                                 TEHSIL BEENA DISTRICT SAGAR      (MADHYA
                                 PRADESH)

                           8.    SUKHLAL S/O DHANLAL KURMI, AGED ABOUT 66
                                 YEARS, R/O VILLAGE BHANGARH TEHSIL BEENA
                                 DISTRICT SAGAR (MADHYA PRADESH)

                           9.    LAKHAN SINGH S/O SUKHLAL KURMI, AGED
                                 ABOUT 27 YEARS, R/O VILLAGE BHANGARH
                                 TEHSIL BEENA DISTRICT SAGAR (MADHYA
                                 PRADESH)

                           10.   GULAB KURMI S/O LATE GAJADHAR KURMI,
                                 AGED ABOUT 77 YEARS,     R/O VILLAGE
                                 BHANGARH TEHSIL BEENA DISTRICT SAGAR
                                 (MADHYA PRADESH)

                           11.   THE STATE OF MADHYA PRADESH THROUGH
                                 COLLECTOR SAGAR DISTRICT SAGAR (MADHYA
                                 PRADESH)

                                                                                     .....RESPONDENTS
                           (SHRI AMIT JAIN - ADVOCATE FOR RESPONDENTS NOS.1 TO 5, SHRI
                           KISHORI LAL PANDEY - ADVOCATE FOR RESPONDENT NO.10)

                                 Th is appeal coming on for hearing this day, t h e court passed the
                           following:
                                                             ORDER

This miscellaneous appeal under Order 43 Rule 1(u) of C.P.C. has been filed against the order of remand dated 10.09.2022 passed by Second District Judge Beena, District Sagar in RCA No.20/2019 arising out of judgment and decree dated 30.04.2019 passed by Civil Judge Class-1 Beena, District Sagar in Civil Suit No.119-A/2016.

2. By the impugned order, the judgment and decree passed by the trial Signature Not Verified Signed by: VARSHA CHOURASIYA Signing time: 29-03-2023 17:56:15

Court has been set aside and the matter has been remanded back after framing the points requiring adjudication as mentioned in paragraph 39.

3. After arguing the matter at length, the counsel for the appellants seeks permission of this Court to withdraw this appeal.

4. It is accordingly dismissed as withdrawn.

(G.S. AHLUWALIA) JUDGE vc

Signature Not Verified Signed by: VARSHA CHOURASIYA Signing time: 29-03-2023 17:56:15