Madhya Pradesh High Court

Mohammad Iqbal vs Mohammad Ajij on 13 October, 2023

Author: Vivek Agarwal

                                                         1
                            IN    THE     HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                     BEFORE
                                       HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                            ON THE 13 th OF OCTOBER, 2023
                                            WRIT PETITION No. 14617 of 2016

                           BETWEEN:-
                           1.    SMT. KHURSHID W/O LATE SHRI MD. AYYUB,
                                 AGED ABOUT 60 YEARS, 125 NEAR CENTRAL
                                 BANK   IBRAHIMPURA   BHOPAL   (MADHYA
                                 PRADESH)

                           2.    SMT. BILQUIS W/O LATE SHRI RIYAZ, AGED
                                 ABOUT 58 YEARS, F-20 SINGHAI APARTMENT B D
                                 A COLONY KOHEFIZA (MADHYA PRADESH)

                           3.    SMT. ISHRAT W/O SHRI ANEES KHAN, AGED
                                 ABOUT 56 YEARS, D-56 B D A COLONY KOH E FIZA
                                 (MADHYA PRADESH)

                           4.    SMT. KISHWAR JEHAN D/O LATE SHRI MD.
                                 ISLAM, AGED ABOUT 40 YEARS, NEAR CENTRAL
                                 BANK OF INDIA IBRAHIMPURA (MADHYA
                                 PRADESH)

                           5.    SMT. NAHID JEHAN D/O LATE SHRI MD. ISLAM,
                                 AGED ABOUT 35 YEARS, NEAR CENTRAL BANK
                                 OF INDIA IBRAHIMPURA (MADHYA PRADESH)

                           6.    SMT. SHAMSHUNNISA W/O LATE SHRI MD.
                                 ISLAM,   AGED  ABOUT  66   YEARS, 2160
                                 AHMEDABAD PALACE ROAD BEHIND K K
                                 CONVENT SCHOOL KOH E FIZA (MADHYA
                                 PRADESH)

                           7.    ZOHEB KHAN S/O LATE SHRI MD. ISLAM, AGED
                                 ABOUT 35 YEARS, 2160 AHMEDABAD PALACE
                                 ROAD BEHIND K K CONVENT SCHOOL KOH E
                                 FIZA (MADHYA PRADESH)

                           8.    SMT. SANOBAR KHAN W/O SHRISIBGAT KHAN,
                                 AGED ABOUT 40 YEARS, M IG/F-4 MILLENIUM
                                 APARTMENT AHMEDABAD PLACE ROAD KOH. E
                                 FIZA (MADHYA PRADESH)

Signature Not Verified
Signed by: VAIBHAV
YEOLEKAR
Signing time: 16-10-2023
11:22:37
                                                         2
                           9.    MOHD. SHIRAZ S/O LATE SHRI MD. JAVED, AGED
                                 ABOUT 32 YEARS, NAZARA VILLA. LAKE DRIVE
                                 KOH. E FIZA (MADHYA PRADESH)

                           10.   MD. IKRAM S/O LATE SHRI MD. HANIF, AGED
                                 ABOUT 44 YEARS, NEAR CENTRAL BANK OF
                                 INDIA IBRAHIMPURA (MADHYA PRADESH)

                           11.   MD. SABIR S/O LATE SHRI MD. AZIZ, AGED
                                 ABOUT 45 YEARS, NEAR CENTRAL BANK OF
                                 INDIA IBRAHIMPURA (MADHYA PRADESH)

                           12.   MD. WASEEM S/O LATE SHRI MD. HANIF, AGED
                                 ABOUT 45 YEARS, NEAR CENTRAL BANK OF
                                 INDIA IBRAHIMPURA (MADHYA PRADESH)

                           13.   MD. ANEES S/O LATE SHRI MD. AZIZ, AGED
                                 ABOUT 50 YEARS, NEAR CENTRAL BANK OF
                                 INDIA IBRAHIMPURA (MADHYA PRADESH)

                           14.   MD. MATEEN S/O LATE SHRI MD. HANIF, AGED
                                 ABOUT 40 YEARS, NEAR CENTRAL BANK OF
                                 INDIA IBRAHIMPURA (MADHYA PRADESH)

                           15.   MD. AFAQ S/O LATE SHRI MD. ISLAM, AGED
                                 ABOUT 40 YEARS, NEAR CENTRAL BANK OF
                                 INDIA IBRAHIMPURA (MADHYA PRADESH)

                           16.   MD. AYAZ S/O LATE SHRI MD. AZIZ, AGED ABOUT
                                 35 YEARS, NEAR CENTRAL BANK OF INDIA
                                 IBRAHIMPURA (MADHYA PRADESH)

                           17.   MANAGING PARTNER MD. WASEEM M/S KALE
                                 KHAN MD. HANIF REGD. PARTNERSHIP FIRM
                                 NEAR CENTRAL BANK OF INDIA IBRAHIMPURA
                                 (MADHYA PRADESH)

                                                                               .....PETITIONERS
                           (BY SHRI PRADEEP ACHARYA - ADVOCATE)

                           AND
                           1.    MOHD. IQBAL S/O LATE SHRI HAJI KALE KHAN,
                                 AGED ABOUT 65 YEARS, LAILABURZ ROAD
                                 IBRAHIMPURA BHOPAL (MADHYA PRADESH)

                           2.    SMT. KHURSHD BI W/O LATE SHRI MD. AZIZ,
                                 AGED ABOUT 72 YEARS, 89 VIP ROAD KARBALA
                                 (MADHYA PRADESH)

Signature Not Verified
Signed by: VAIBHAV
YEOLEKAR
Signing time: 16-10-2023
11:22:37
                                                     3
                           3.   SMT. ZAMARRUD W/O SHRI IMTIAZ, AGED
                                ABOUT 52 YEARS, 89 VIP ROAD KARBALA
                                (MADHYA PRADESH)

                                                                                .....RESPONDENTS

(BY SHRI AVINASH ZARGAR - ADVOCATE)

WRIT PETITION No. 14627 of 2016

BETWEEN:-

1. SMT. KHURSHID W/O LATE SHRI MD. AYYUB, AGED ABOUT 60 YEARS, 125 NEAR CENTRAL BANK IBRAHIMPURA BHOPAL (MADHYA PRADESH)

2. BILQUIS W/O LATE SHIRRIYAZ, AGED ABOUT 58 YEARS, F-20 SINGHAI APARTMENT B D A COLONY KOHEFIZA (MADHYA PRADESH)

3. ISHRAT W/O ANEES KHAN, AGED ABOUT 56 YEARS, D-56 B D A COLONY KOH E FIZA (MADHYA PRADESH)

4. KISHWAR JEHAN D/O LATE MD. ISLAM, AGED ABOUT 40 YEARS, NEAR CENTRAL BANK OF INDIA IBRAHIMPURA (MADHYA PRADESH)

5. NAHID JEHAN D/O LATE MD. ISLAM, AGED ABOUT 35 YEARS, NEAR CENTRAL BANK OF INDIA IBRAHIMPURA (MADHYA PRADESH)

6. SMT SHAMSHUNNISA W/O LATE MD. IDRIS, AGED ABOUT 66 YEARS, 2160 AHMEDABAD PALACE ROAD BEHIND K K CONVENT SCHOOL KOH E FIZA (MADHYA PRADESH)

7. ZOHEB KHAN S/O LATE MD. IDRIS, AGED ABOUT 35 YEARS, 2160 AHMEDABAD PALACE ROAD BEHIND K K CONVENT SCHOOL KOH E FIZA (MADHYA PRADESH)

8. SANOBAR KHAN W/O SHRISIBGAT KHAN, AGED ABOUT 40 YEARS, M I G / F - 4 MILLENIUM APARTMENT AHMEDABAD PLACE ROAD KOH. E FIZA (MADHYA PRADESH)

9. MOHD SHIRAZ S/O LATE MD JAVED, AGED ABOUT 32 YEARS, NAZARA VILLA. LAKE DRIVE KOH. E FIZA (MADHYA PRADESH) Signature Not Verified Signed by: VAIBHAV YEOLEKAR Signing time: 16-10-2023 11:22:37

10. MD. IKRAM S/O LATE MD. HANIF, AGED ABOUT 44 YEARS, NEAR CENTRAL BANK OF INDIA IBRAHIMPURA (MADHYA PRADESH)

11. MD. SABIR S/O LATE MD. AZIZ, AGED ABOUT 45 YE A R S , NEAR CENTRAL BANK OF INDIA IBRAHIMPURA (MADHYA PRADESH)

12. MD. WASEEM S/O LATE MD. HANIF, AGED ABOUT 40 YEARS, NEAR CENTRAL BANK OF INDIA IBRAHIMPURA (MADHYA PRADESH)

13. MD ANEES S/O LATE MD. AZIZ, AGED ABOUT 50 YE A R S , NEAR CENTRAL BANK OF INDIA IBRAHIMPURA (MADHYA PRADESH)

14. MD. MATEEN S/O LATE MD. HANIF, AGED ABOUT 40 YEARS, NEAR CENTRAL BANK OF INDIA IBRAHIMPURA (MADHYA PRADESH)

15. MD AFAQ S/O LATE MD. ISLAM, AGED ABOUT 40 YE A R S , NEAR CENTRAL BANK OF INDIA IBRAHIMPURA (MADHYA PRADESH)

16. MD. AYZ S/O LATE MD. AZIZ, AGED ABOUT 35 YE A R S , NEAR CENTRAL BANK OF INDIA IBRAHIMPURA (MADHYA PRADESH)

17. TH. MANGING PARTNER MD. WASEEM M/S KALE KHAN MD. HANIF REGD. PARTNERSHIP FIRM NEAR CENTRAL BANK OF INDIA IBRAHIMPURA (MADHYA PRADESH)

.....PETITIONERS (BY SHRI PRADEEP ACHARYA - ADVOCATE)

AND

1. MOHD. IQBAL S/O LATE SHRI HAJI KALE KHAN, AGED ABOUT 65 YEARS, LAILABURZ ROAD IBRAHIMPURA BHOPAL (MADHYA PRADESH)

2. SMT. KHURSHID BI W/O LATE MD. AZIZ, AGED ABOUT 72 YEARS, 89 VIP ROAD KARBALA (MADHYA PRADESH)

3. SMT. ZAMARRUD W/O IMTIAZ, AGED ABOUT 52 YE A R S , 89 VIP ROAD KARBALA (MADHYA PRADESH) Signature Not Verified Signed by: VAIBHAV YEOLEKAR Signing time: 16-10-2023 11:22:37

.....RESPONDENTS (BY SHRI AVINASH ZARGAR - ADVOCATE)

WRIT PETITION No. 14645 of 2016

BETWEEN:-

1. SMT. KHURSHID W/O LATE SHRI MD. AYYUB, AGED ABOUT 60 YEARS, 125 NEAR CENTRAL BANK IBRAHIMPURA BHOPAL (MADHYA PRADESH)

2. SMT. BILQUIS W/O LATE SHRI RIYAZ, AGED ABOUT 58 YEARS, F-20 SINGHAI APARTMENT B D A COLONY KOHEFIZA (MADHYA PRADESH)

3. SMT. ISHRAT W/O SHRI ANEES KHAN, AGED ABOUT 56 YEARS, D-56 B D A COLONY KOH E FIZA (MADHYA PRADESH)

4. SMT. KISHWAR JEHAN D/O LATE SHRI MD.

ISLAM, AGED ABOUT 40 YEARS, NEAR CENTRAL BANK OF INDIA IBRAHIMPURA (MADHYA PRADESH)

5. SMT. NAHID JEHAN D/O LATE SHRI MD. ISLAM, AGED ABOUT 35 YEARS, NEAR CENTRAL BANK OF INDIA IBRAHIMPURA (MADHYA PRADESH)

6. SMT. SHAMSHUNNISA W/O LATE SHRI MD.

ISLAM, AGED ABOUT 66 YEARS, 2160 AHMEDABAD PALACE ROAD BEHIND K K CONVENT SCHOOL KOH E FIZA (MADHYA PRADESH)

7. ZOHEB KHAN S/O LATE SHRI MD. ISLAM, AGED ABOUT 35 YEARS, 2160 AHMEDABAD PALACE ROAD BEHIND K K CONVENT SCHOOL KOH E FIZA (MADHYA PRADESH)

8. SMT. SANOBAR KHAN W/O SHRISIBGAT KHAN, AGED ABOUT 40 YEARS, M IG/F-4 MILLENIUM APARTMENT AHMEDABAD PLACE ROAD KOH. E FIZA (MADHYA PRADESH)

9. MOHD. SHIRAZ S/O LATE SHRI MD. JAVED, AGED ABOUT 32 YEARS, NAZARA VILLA. LAKE DRIVE KOH. E FIZA (MADHYA PRADESH)

10. MD. IKRAM S/O LATE SHRI MD. HANIF, AGED Signature Not Verified Signed by: VAIBHAV YEOLEKAR Signing time: 16-10-2023 11:22:37

ABOUT 44 YEARS, NEAR CENTRAL BANK OF INDIA IBRAHIMPURA (MADHYA PRADESH)

11. MD. SABIR S/O LATE SHRI MD. AZIZ, AGED ABOUT 45 YEARS, NEAR CENTRAL BANK OF INDIA IBRAHIMPURA (MADHYA PRADESH)

12. MD. WASEEM S/O LATE SHRI MD. HANIF, AGED ABOUT 45 YEARS, NEAR CENTRAL BANK OF INDIA IBRAHIMPURA (MADHYA PRADESH)

13. MD. ANEES S/O LATE SHRI MD. AZIZ, AGED ABOUT 50 YEARS, NEAR CENTRAL BANK OF INDIA IBRAHIMPURA (MADHYA PRADESH)

14. MD. MATEEN S/O LATE SHRI MD. HANIF, AGED ABOUT 40 YEARS, NEAR CENTRAL BANK OF INDIA IBRAHIMPURA (MADHYA PRADESH)

15. MD. AFAQ S/O LATE SHRI MD. ISLAM, AGED ABOUT 40 YEARS, NEAR CENTRAL BANK OF INDIA IBRAHIMPURA (MADHYA PRADESH)

16. MD. AYAZ S/O LATE SHRI MD. AZIZ, AGED ABOUT 35 YEARS, NEAR CENTRAL BANK OF INDIA IBRAHIMPURA (MADHYA PRADESH)

17. MANAGING PARTNER MD. WASEEM M/S KALE KHAN MD. HANIF REGD. PARTNERSHIP FIRM NEAR CENTRAL BANK OF INDIA IBRAHIMPURA (MADHYA PRADESH)

.....PETITIONERS (BY SHRI PRADEEP ACHARYA - ADVOCATE)

AND

1. MOHD. IQBAL S/O LATE SHRI HAJI KALE KHAN, AGED ABOUT 65 YEARS, LAILABURZ ROAD IBRAHIMPURA BHOPAL (MADHYA PRADESH)

2. SMT. KHURSHD BI W/O LATE SHRI MD. AZIZ, AGED ABOUT 72 YEARS, 89 VIP ROAD KARBALA (MADHYA PRADESH)

3. SMT. ZAMARRUD W/O SHRI IMTIAZ, AGED ABOUT 52 YEARS, 89 VIP ROAD KARBALA (MADHYA PRADESH)

.....RESPONDENTS Signature Not Verified Signed by: VAIBHAV YEOLEKAR Signing time: 16-10-2023 11:22:37

(BY SHRI AVINASH ZARGAR - ADVOCATE)

WRIT PETITION No. 14646 of 2016

BETWEEN:-

1. SMT. KHURSHID W/O LATE SHRI MD. AYYUB, AGED ABOUT 60 YEARS, 125 NEAR CENTRAL BANK IBRAHIMPURA (MADHYA PRADESH)

2. SMT. BILQUIS W/O LATE SHRI RIYAZ, AGED ABOUT 58 YEARS, F-20 SINGHAI APARTMENT B D A COLONY KOHEFIZA (MADHYA PRADESH)

3. SMT. ISHRAT W/O SHRI ANEES KHAN, AGED ABOUT 56 YEARS, D-56 B D A COLONY KOH E FIZA (MADHYA PRADESH)

4. SMT. KISHWAR JEHAN D/O LATE SHRI MD.

ISLAM, AGED ABOUT 40 YEARS, NEAR CENTRAL BANK OF INDIA IBRAHIMPURA (MADHYA PRADESH)

5. SMT. NAHID JEHAN D/O LATE SHRI MD. ISLAM, AGED ABOUT 35 YEARS, NEAR CENTRAL BANK OF INDIA IBRAHIMPURA (MADHYA PRADESH)

6. SMT. SHAMSHUNNISA W/O LATE SHRI MD.

ISLAM, AGED ABOUT 66 YEARS, 2160 AHMEDABAD PALACE ROAD BEHIND K K CONVENT SCHOOL KOH E FIZA (MADHYA PRADESH)

7. ZOHEB KHAN S/O LATE SHRI MD. ISLAM, AGED ABOUT 35 YEARS, 2160 AHMEDABAD PALACE ROAD BEHIND K K CONVENT SCHOOL KOH E FIZA (MADHYA PRADESH)

8. SMT. SANOBAR KHAN W/O SHRISIBGAT KHAN, AGED ABOUT 40 YEARS, M IG/F-4 MILLENIUM APARTMENT AHMEDABAD PLACE ROAD KOH. E FIZA (MADHYA PRADESH)

9. MOHD. SHIRAZ S/O LATE SHRI MD. JAVED, AGED ABOUT 32 YEARS, NAZARA VILLA. LAKE DRIVE KOH. E FIZA (MADHYA PRADESH)

10. MD. IKRAM S/O LATE SHRI MD. HANIF, AGED ABOUT 44 YEARS, NEAR CENTRAL BANK OF INDIA IBRAHIMPURA (MADHYA PRADESH) Signature Not Verified Signed by: VAIBHAV YEOLEKAR Signing time: 16-10-2023 11:22:37

11. MD. SABIR S/O LATE SHRI MD. AZIZ, AGED ABOUT 45 YEARS, NEAR CENTRAL BANK OF INDIA IBRAHIMPURA (MADHYA PRADESH)

12. MD. WASEEM S/O LATE SHRI MD. HANIF, AGED ABOUT 45 YEARS, NEAR CENTRAL BANK OF INDIA IBRAHIMPURA (MADHYA PRADESH)

13. MD. ANEES S/O LATE SHRI MD. AZIZ, AGED ABOUT 50 YEARS, NEAR CENTRAL BANK OF INDIA IBRAHIMPURA (MADHYA PRADESH)

14. MD. MATEEN S/O LATE SHRI MD. HANIF, AGED ABOUT 40 YEARS, NEAR CENTRAL BANK OF INDIA IBRAHIMPURA (MADHYA PRADESH)

15. MD. AFAQ S/O LATE SHRI MD. ISLAM, AGED ABOUT 40 YEARS, NEAR CENTRAL BANK OF INDIA IBRAHIMPURA (MADHYA PRADESH)

16. MD. AYAZ S/O LATE SHRI MD. AZIZ, AGED ABOUT 35 YEARS, NEAR CENTRAL BANK OF INDIA IBRAHIMPURA (MADHYA PRADESH)

17. MANAGING PARTNER MD. WASEEM M/S KALE KHAN MD. HANIF REGD. PARTNERSHIP FIRM NEAR CENTRAL BANK OF INDIA IBRAHIMPURA (MADHYA PRADESH)

.....PETITIONERS (BY SHRI PRADEEP ACHARYA - ADVOCATE)

AND

1. MOHD. IQBAL S/O LATE SHRIHAJI KALE KHAN, AGED ABOUT 65 YEARS, LAILABURZ ROAD IBRAHIMPURA (MADHYA PRADESH)

2. SMT. KHURSHD BI W/O LATE SHRI MD. AZIZ, AGED ABOUT 72 YEARS, 89 VIP ROAD KARBALA (MADHYA PRADESH)

3. SMT. ZAMARRUD W/O SHRI IMTIAZ, AGED ABOUT 52 YEARS, 89 VIP ROAD KARBALA (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI AVINASH ZARGAR - ADVOCATE)

Signature Not Verified MISC. PETITION No. 1445 of 2018 Signed by: VAIBHAV YEOLEKAR Signing time: 16-10-2023 11:22:37

BETWEEN:-

MOHAMMAD IQBAL S/O LATE HAJI KALE KHA, AGED ABOUT 71 YEARS, OCCUPATION: SELF EMPLOYED LAILA BURJ ROAD, IBRAHIMPURA, (MADHYA PRADESH)

.....PETITIONER (BY SHRI AVINASH ZARGAR - ADVOCATE)

AND

1. MOHAMMAD AJIJ S/O LATE HAJI KALE KHA, AGED ABOUT 68 YEARS, NEAR CENTRAL BANK OF INDIA, IBRAHIMPURA, (MADHYA PRADESH)

2. SMT. RABIYA BI W/O LATE MOHAMMAD ISMAIL, AGED ABOUT 66 YEARS, NEAR CENTRAL BANK OF INDIA, IBRAHIMPURA, (MADHYA PRADESH)

3. SMT. KISHWAR JANHA D/O LATE MOHAMMAD ISMAIL, AGED ABOUT 43 YEARS, NEAR CENTRAL BANK OF INDIA, IBRAHIMPURA, (MADHYA PRADESH)

4. SMT. NAHID JANHA D/O LATE MOHAMMAD ISMAIL, AGED ABOUT 37 YEARS, NEAR CENTRAL BANK OF INDIA, IBRAHIMPURA, (MADHYA PRADESH)

5. MOHAMMAD IDREES S/O MOHAMMAD HANEEF, AGED ABOUT 59 YEARS, NEAR CENTRAL BANK OF INDIA, IBRAHIMPURA, (MADHYA PRADESH)

6. MOHAMMAD SHIRAJ THROUGH MOHAMMAD AAFAK S/O MOHD. ISMAIL NEAR CENTRAL BANK OF INDIA, IBRAHIMPURA, (MADHYA PRADESH)

7. MOHAMMAD IKRAM S/O MOHAMMAD HANEEF, AGED ABOUT 45 YEARS, NEAR CENTRAL BANK OF INDIA, IBRAHIMPURA, (MADHYA PRADESH)

8. MOHAMMAD SABIR S/O MOHAMMAD AJIJ, AGED ABOUT 43 YEARS, NEAR CENTRAL BANK OF INDIA, IBRAHIMPURA, (MADHYA PRADESH)

9. MOHAMMAD WASIM S/O MOHAMMAD HANIF, AGED ABOUT 41 YEARS, NEAR CENTRAL BANK OF INDIA, IBRAHIMPURA, (MADHYA PRADESH)

Signature Not Verified Signed by: VAIBHAV YEOLEKAR Signing time: 16-10-2023 11:22:37

10. MOHAMMAD ANEES S/O MOHAMMAD AJIJ, AGED ABOUT 49 YEARS, NEAR CENTRAL BANK OF INDIA, IBRAHIMPURA, (MADHYA PRADESH)

11. MOHAMMAD MATEEN S/O MOHAMMAD HANEEF, AGED ABOUT 39 YEARS, NEAR CENTRAL BANK OF INDIA, IBRAHIMPURA, (MADHYA PRADESH)

12. MOHAMMAD AAFAK S/O MOHAMMAD ISMAIL, AGED ABOUT 38 YEARS, NEAR CENTRAL BANK OF INDIA, IBRAHIMPURA, (MADHYA PRADESH)

13. MOHAMMAD AYAZ S/O MOHAMMAD AJIJ, AGED ABOUT 36 YEARS, NEAR CENTRAL BANK OF INDIA, IBRAHIMPURA, (MADHYA PRADESH)

14. M/S MOHAMMAD KALE KHA W/O MOHAMMAD HANNEF, AGED ABOUT 36 YEARS, NEAR CENTRAL BANK OF INDIA, IBRAHIMPURA, (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI PRADEEP ACHARYA - ADVOCATE)

MISC. PETITION No. 6079 of 2018

BETWEEN:-

MOHAMMAD IQBAL S/O LATE HAJI KALE KHA, AGED ABOUT 72 YEARS, OCCUPATION: SELF EMPLOYED LAILA BURJ ROAD, IBRAHIMPURA BHOPAL (MADHYA PRADESH)

.....PETITIONER (BY SHRI AVINASH ZARGAR - ADVOCATE)

AND

1. MOHAMMAD AJIJ S/O LATE HAJI KALE KHA, AGED ABOUT 68 YEARS, NEAR CENTRAL BANK OF INDIA IBRAHIMPURA BHOPAL (MADHYA PRADESH)

2. SMT. RABIYA BI W/O LATE MOHAMMAD ISMAIL, AGED ABOUT 66 YEARS, NEAR CENTRAL BANK OF INDIA IBRAHIMPURA BHOPAL (MADHYA PRADESH)

3. SMT. KISHWAR JAHNA D/O LATE MOHAMMAD Signature Not Verified Signed by: VAIBHAV YEOLEKAR Signing time: 16-10-2023 11:22:37

ISMAIL, AGED ABOUT 43 YEARS, NEAR CENTRAL BANK OF INDIA IBRAHIMPURA BHOPAL (MADHYA PRADESH)

4. SMT. NAHIDA JAHNA D/O LATE MOHAMMAD ISMAIL, AGED ABOUT 37 YEARS, NEAR CENTRAL BANK OF INDIA IBRAHIMPURA BHOPAL (MADHYA PRADESH)

5. MOHAMMAD IDREES S/O MOHAMMAD HANEEF, AGED ABOUT 59 YEARS, NEAR CENTRAL BANK OF INDIA IBRAHIMPURA BHOPAL (MADHYA PRADESH)

6. MOHAMMAD SHIRAJ S/O MOHAMMAD JAVED NEAR CENTRAL BANK OF INDIA IBRAHIMPURA BHOPAL (MADHYA PRADESH)

7. MOHAMMAD IKRAM S/O MOHAMMAD HANEEF, AGED ABOUT 45 YEARS, NEAR CENTRAL BANK OF INDIA IBRAHIMPURA BHOPAL (MADHYA PRADESH)

8. MOHAMMAD SABIR S/O MOHAMMAD AJIJ, AGED ABOUT 43 YEARS, NEAR CENTRAL BANK OF INDIA IBRAHIMPURA BHOPAL (MADHYA PRADESH)

9. MOHAMMAD WASIM S/O MOHAMMAD HANIF, AGED ABOUT 41 YEARS, NEAR CENTRAL BANK OF INDIA IBRAHIMPURA BHOPAL (MADHYA PRADESH)

10. MOHAMMAD ANEEES S/O MOHAMMAD AJIJ, AGED ABOUT 49 YEARS, NEAR CENTRAL BANK OF INDIA IBRAHIMPURA BHOPAL (MADHYA PRADESH)

11. MOHAMMAD MATEEN S/O MOHAMMAD HANEEF, AGED ABOUT 29 YEARS, NEAR CENTRAL BANK OF INDIA IBRAHIMPURA BHOPAL (MADHYA PRADESH)

12. MOHAMMAD AAFAK S/O MOHAMMAD ISMAIL, AGED ABOUT 38 YEARS, NEAR CENTRAL BANK OF INDIA IBRAHIMPURA BHOPAL (MADHYA PRADESH)

13. MOHAMMAD AYAZ S/O MOHAMMAD AJIJ, AGED ABOUT 36 YEARS, NEAR CENTRAL BANK OF INDIA IBRAHIMPURA BHOPAL (MADHYA Signature Not Verified Signed by: VAIBHAV YEOLEKAR Signing time: 16-10-2023 11:22:37

PRADESH)

14. MOHAMMAD KALE KHA S/O MOHAMMAD HANNEF, AGED ABOUT 36 YEARS, NEAR CENTRAL BANK OF INDIA IBRAHIMPURA BHOPAL (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI PRADEEP ACHARYA - ADVOCATE)

These petitions coming on for orders this day, th e court passed the following:

ORDER No reply is filed to the application for modification. Therefore, right to file reply stands closed. Through these applications, petitioners' counsel is seeking a direction from the court to permit to modify its earlier order and permit the petitioners to alienate one property so to settle their liabilities which are to the tune of Rupees five to six crores.

Shri Avinash Zargar submits that execution is already going on. He undertakes to cooperate and get the execution completed within some reasonable time. It is submitted that after execution of the decree in favour of the judgment creditor, petitioners will be free to use the remaining properties in the manner in which they so desire.

However, looking to the fact that execution proceedings are pending for long and there are objections and counter objections causing hindrance, therefore, the restraint order is modified to the extent that execution be completed within a period of six months from today failing which parties will be free to act in accordance with law.

Shri Avinash Zargar undertakes to deposit the cost during the course of the day.

In above terms, the petitions are disposed of. Signature Not Verified Signed by: VAIBHAV YEOLEKAR Signing time: 16-10-2023 11:22:37

(VIVEK AGARWAL) JUDGE vy

Signature Not Verified Signed by: VAIBHAV YEOLEKAR Signing time: 16-10-2023 11:22:37