Ashish Chaturvedi @ Divya ... vs Sutikshan Prasad(Since Dead) ...
2023 Latest Caselaw 19202 MP

Citation : 2023 Latest Caselaw 19202 MP
Judgement Date : 20 November, 2023

Madhya Pradesh High Court

Ashish Chaturvedi @ Divya ... vs Sutikshan Prasad(Since Dead) ... on 20 November, 2023

Author: Vivek Jain

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        MP No. 6408 of 2023
                           (ASHISH CHATURVEDI @ DIVYA CHATURVEDI Vs SUTIKSHAN PRASAD(SINCE DEAD) THROUGH LEGAL
                                                        HEIRS RAMSUFAL AND OTHERS)

                           Dated : 20-11-2023
                                 Shri Akhilesh Kumar Jain - Advocate for the petitioner.

                                 This petition has been filed against the rejection of application under
                           Order 1 Rule 10 CPC filed by the petitioner for substitution in place of
                           deceased Bhoop Narayan Chaturvedi on the basis of Will. The said application
                           has been rejected vide order dated 21.09.2023 by the Appellate Court of

                           Tyothar, District Rewa in Civil Appeal No.53/2016. The application has been
                           rejected only on the ground of delay in filing the application.
                                 Issue notice to the respondents on payment of process fee within three

working days, failing which the petition shall stand dismissed without reference to the Court.

Also, heard on I.A. No.16813/2023 which is an application for exemption of notice to respondents No.6 to 21 and 24 to 27 because they were ex-parte before the Courts below.

The application I.A. No.16813/2023 is allowed at the risk of the

petitioner. Accordingly, notices be issued only to respondents No.1 to 5 and 22 and 23.

As an interim measure, it is directed that till the next date of hearing, the learned Court below shall not pass any final judgment in the Civil Appeal No.53/2016.

(VIVEK JAIN) JUDGE Signature Not Verified Signed by: DEEPA MISHRA Signing time: 11/22/2023 2:26:46 PM

Priya.P

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 11/22/2023 2:26:46 PM