Ramkali vs Smt. Saroj
2023 Latest Caselaw 17497 MP

                                                        1
                            IN    THE     HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                    BEFORE
                                   HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                            ON THE 18 th OF OCTOBER, 2023
                                             MISC. APPEAL No. 6157 of 2023

                           BETWEEN:-
                           1.    RAMKALI W/O SUKLAL SONI, AGED ABOUT 65
                                 YEARS, OCCUPATION: HOUSEWIFE R/O WARD NO.
                                 07 MAIN MARKET BIJAWAR TEHSIL BIJAWAR,
                                 DISTRICT- CHHATARPUR, M.P.

                           2.    SUKLAL S/O LATE BABULAL SONI, AGED ABOUT
                                 72 YEARS, OCCUPATION: AGRICULTURIST R/O
                                 WARD NO. 07 MAIN MARKET BIJAWAR TEHSIL
                                 BIJAWAR, DISTRICT- CHHATARPUR, M.P.

                                                                               .....APPELLANTS
                           (BY SHRI SIDDHARTH GULATEE - ADVOCATE ALONG WITH SHRI
                           SUDHIR KUMAR SHARMA- ADVOCATE)

                           AND
                           1.    SMT. SAROJ W/O RAMESH SONI, AGED ABOUT 53
                                 YE A R S , R/O WARD NO. 06 MAIN MARKET
                                 BIJAWAR,      TEHSIL BIJAWAR,  DISTRICT-
                                 CHHATARPUR, M.P.

                           2.    MANNU S/O RAMESH SONI, AGED ABOUT 33
                                 YE A R S , R/O WARD NO. 06 MAIN MARKET
                                 BIJAWAR,      TEHSIL BIJAWAR,  DISTRICT-
                                 CHHATARPUR, M.P.

                           3.    BHIM S/O RAMESH SONI, AGED ABOUT 30 YEARS,
                                 R/O WARD NO. 06 MAIN MARKET BIJAWAR,
                                 TEHSIL BIJAWAR, DISTRICT- CHHATARPUR, M.P.

                           4.    GANESH PRASAD S/O MANNU LAL DUBEY, AGED
                                 ABOUT 68 YEARS, R/O WARD NO. 06 MAIN
                                 MARKET BIJAWAR, TEHSIL BIJAWAR, DISTRICT-
                                 CHHATARPUR, M.P.

                                                                              .....RESPONDENTS

Signature Not Verified
Signed by: SATTYENDAR
NAGDEVE
Signing time: 10/19/2023
12:54:37 PM
                                                                 2
                                   This appeal coming on for admission this day, th e court passed the
                           following:
                                                                 ORDER

This misc. appeal has been preferred by the appellants/plaintiffs challenging the judgment and decree dated 31.03.2022 passed by Additional

Judge to the Court of 1st District Judge, Bijawar, District Chhatarpur in RCA

No.8/2021 arose out of judgment and decree dated 07.08.2021 passed by 1st Civil Judge Junior Division, Bijawar, District Chhatarpur in RCSA No.300023/2014, whereby learned trial Court dismissed the suit on merits as well as for want of joinder of necessary party and in appeal learned first

appellate Court has remanded the matter to learned trial Court granting opportunity to the plaintiffs to implead Public Works Department, Tahsil Bijawar, District Chhatarpur as party/defendant in the civil suit.

2. From perusal of the judgment and decree passed by learned trial Court it appears that the suit was dismissed on merits as well as for want of joinder of Public Works Department as party/defendant and in the civil appeal filed by the appellants/plaintiffs learned first appellate Court has granted opportunity to the plaintiffs to implead the Public Works Department as party/defendant in the suit.

3 . Although initially learned counsel for the appellants/plaintiffs argued the misc. appeal at length but he concedes that the Public Works Department should have been made party in the civil suit itself.

4. In view of the aforesaid, learned counsel for the appellants/plaintiffs prays for withdrawal of this misc. appeal.

5. Accordingly, this misc. appeal is hereby dismissed as withdrawn.

6. Pending application(s), if any, shall stand dismissed. Signature Not Verified Signed by: SATTYENDAR NAGDEVE Signing time: 10/19/2023 12:54:37 PM

(DWARKA DHISH BANSAL) JUDGE SN

Signature Not Verified Signed by: SATTYENDAR NAGDEVE Signing time: 10/19/2023 12:54:37 PM