Dilip Mehta vs Rakesh Gupta
2023 Latest Caselaw 18603 MP

                                                          1

                           IN    THE      HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                    BEFORE
                                      HON'BLE SHRI JUSTICE RAVI MALIMATH,
                                                 CHIEF JUSTICE
                                                       &
                                      HON'BLE SHRI JUSTICE VISHAL MISHRA
                                            ON THE 6 th OF NOVEMBER, 2023
                                              WRIT APPEAL No. 427 of 2023

                          BETWEEN:-
                          DILIP MEHTA S/O LATE DHEERAJ MEHTA, AGED
                          ABOUT 62 YEARS, R/O RAJUL ARCADE, RUSSEL CHOWK
                          JABALPUR (M.P.)

                                                                                   .....APPELLANT
                          (BY SHRI SANKALP KOCHAR - ADVOCATE)

                          AND
                          1.    RAKESH GUPTA S/O GOPAL DAS GUPTA
                                OCCUPATION: BUSINESS R/O 848, JDA GROUND
                                SHANTI NAGAR JABALPUR (M.P.)

                          2.    NEERAJ JAIN S/O SURESH JAIN OCCUPATION:
                                BUSINESS R/O 1063 NARSING WARD AMANPUR
                                JABALPUR (M.P.)

                          3.    VIRENDRA PATEL ORIGINALLY KNOWN AS
                                VIRENDRA AMGAONKAR     S/O  RAJENDRA
                                AMGAONKAR OCCUPATION: AGRICULTURE R/O
                                GRAM SALIWADA MANDLA RAOD JABALPUR
                                (M.P.)

                                                                                .....RESPONDENTS
                          (SHRI KISHORE SHRIVASTAVA - SENIOR ADVOCATE WITH SHRI
                          MALLIKARJUN KHARE - ADVOCATE FOR RESPONDENTS NO.1 AND 2
                          AND
                          SHRI SHASHANK VERMA - ADVOCATE FOR RESPONDENT NO.3)

                                This appeal coming on for admission this day, Hon'ble Shri Justice
                          Vishal Mishra passed the following:
Signature Not Verified
Signed by: VINOD
VISHWAKARMA
Signing time: 11/9/2023
11:52:32 AM
                                                               2
                                                               ORDER

Assailing the order dated 27.02.2023 passed by the learned Single Judge in disposing off Writ Petition No.22367 of 2022, the writ petitioner is in appeal.

2. The writ petition was filed seeking the following reliefs :

"7.1 That, this Hon'ble Court may kindly be pleased to quash the impugned judgment and decree dated 14.05.2022 (Annexure P/10) passed by Lok Adalat (Jabalpur District Court), Bench No.44, Jabalpur and may also be pleased to quash the execution proceedings in Ex.A/40/2022 pending before VIIth Civil Judge, Senior Division, Smt, Anuja Shrivastava in the interest of justice. 7.2 That this Hon'ble Court may kindly be pleased to issue a direction to initiate appropriate civil/criminal action against the respondents in the interest of justice.

7.3 That, this Hon'ble Court may kindly be pleased to issue any other writ or direction as may be deemed fit by this Hon'ble Court in the facts and circumstances of the case."

3. It is the case of the petitioner that the judgment and decree dated 14.05.2022 passed in RCS No.226-A of 2022 by Lok Adalat was obtained by playing fraud, against which an FIR has also been registered against the respondent No.3. In pursuance of which, criminal case is pending consideration. This Court vide order dated 08.05.2023 had directed to maintain status quo with regard to possession of the property in question. An application has been filed being I.A. No.16051 of 2023 by the respondent No.1 seeking for vacating the stay order granted on 08.05.2023 pointing out the fact that before filing the writ petition, the petitioner has already filed an objection under Order 21 Rules 97 and 99 of the CPC challenging the order dated 14.05.2022. Attention has been drawn to the document (Annexure P/14 in the writ petition) which is an application under Order 21 Rule 101 read with 151 of the CPC that was filed by the objector namely Dilip Mehta (the petitioner herein) wherein he has sought for the following reliefs :

Signature Not Verified "A. The judgment and decree dated 14.05.2022 passed in RCS Signed by: VINOD VISHWAKARMA Signing time: 11/9/2023 11:52:32 AM

No.229-A of 2022 be set aside as obtained by fraud. B. Execution proceedings be dropped as not tenable. C. Directions be issued to register FIR against decree holder Rakesh Gupta, Neeraj Jain, judgment debtor Virendra Amgaonker (original name), Ganga Prasad Kurariya, Ashish Kurariya, Manish Kurariya, Giresh Kurariya and Satish Kurariya. D. Cost of the litigation be also awarded to objector."

4. From a perusal of the aforesaid, it is apparently clear that the judgment and decree dated 14.05.2022 is prayed to be set aside on the ground of it being obtained by means of fraud. The similar relief has been claimed by the petitioner in the writ petition as well as in the writ appeal before this Court. The petitioner is maintaining parallel proceedings which are not permissible. Once the petitioner has already raised objection in the execution proceedings by filing an application under Order 21 Rule 101 read with Section 151 of the CPC, he cannot file a writ petition claiming the similar reliefs. The learned writ court has rightly considered the aforesaid aspects of the matter and disposed off the writ petition with liberty to the petitioner to avail remedy available to him under the law against the award dated 14.05.2022. The writ court has also taken note of the aspect that there will be no bar in terms of Section 22(E)(4) of the Legal Services Authorities Act, 1987 for filing an application, suit or execution proceeding against the award passed in the Lok Adalat dated 14.05.2022. The petitioner has availed the remedy in pursuance to the liberty granted by the writ

court even prior to filing of the writ petition. Under these circumstances, no relief can be extended to the appellant.

5. The writ appeal sans merit and is accordingly dismissed. No order as to costs.

6. Consequently, the interim order granted on 08.05.2023 stands vacated.

Signature Not Verified Signed by: VINOD VISHWAKARMA Signing time: 11/9/2023 11:52:32 AM

(RAVI MALIMATH) (VISHAL MISHRA) CHIEF JUSTICE JUDGE vinod

Signature Not Verified Signed by: VINOD VISHWAKARMA Signing time: 11/9/2023 11:52:32 AM