Guddu vs Kishanlal Kashyap
2023 Latest Caselaw 7700 MP

                                                             1
                           IN      THE      HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                    BEFORE
                                   HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                                 ON THE 10 th OF MAY, 2023
                                             SECOND APPEAL No. 1567 of 2017

                          BETWEEN:-
                          GUDDU S/O MEWALAL, AGED ABOUT 35 YEARS,
                          H.NO.1176 (OLD) NEW NUMBER 244 PHOOTATAL
                          CHOWK RAVINDRA NATH TAGORE WARD NO.16
                          JABALPUR (MADHYA PRADESH)

                                                                                          .....APPELLANT
                          (BY SHRI MUKHTAR AHMAD-ADVOCATE)

                          AND
                          KISHANLAL KASHYAP S/O KESHRILAL, AGED ABOUT 70
                          YEAR S, OCCUPATION: ADVOCATE 1201 PHOOTATAL
                          DURGA CHOWK RAVINDRA NATH TAGORE WARD
                          NO.16 JABALPUR (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                          (NONE)

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

This second appeal has been preferred by defendant-Guddu challenging the judgment and decree dtd. 28.08.2017 passed by 4th Additional District Judge, Jabalpur in civil appeal No.13-A/2015 and 14-A/2015 affirming the judgment and decree dtd. 26.08.2011 passed by 3rd Civil Judge Class-I, Jabalpur in civil suit No.65-A/2010 whereby learned courts below have dismissed the suit filed by the respondent/plaintiff on the grounds under Section 12(1)(a)&(e) of the M.P. Accommodation Control Act, 1961 (in short 'the Act') and at the same time also dismissed the counter claim filed by the Signature Not Verified Signed by: SWETA SAHU Signing time: 5/11/2023 11:17:45 AM

appellant/defendant for seeking declaration to the effect that the defendant is government lessee and plaintiff is not entitled for decree of eviction against him.

2. During the course of arguments, learned counsel appearing for the appellant/defendant submits that after dismissal of the instant suit, the respondent/plaintiff has filed second suit for eviction of the suit premises, in which the appellant/defendant is appearing. As such, he submits that this second appeal may be permitted to be withdrawn with the liberty to raise all the defences available to the appellant/defendant, in the second suit filed by the respondent/plaintiff.

3. Prayer being reasonable is accepted and this second appeal is

disposed off as withdrawn with the aforesaid liberty.

4. Interim application(s), if any, shall stand disposed off.

(DWARKA DHISH BANSAL) JUDGE ss

Signature Not Verified Signed by: SWETA SAHU Signing time: 5/11/2023 11:17:45 AM