Prem Singh Kushwah vs Ramswaroop Shivhare
2023 Latest Caselaw 17919 MP

                                    1
            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                               MP No. 5955 of 2023
             (PREM SINGH KUSHWAH Vs RAMSWAROOP SHIVHARE AND OTHERS)

Dated : 27-10-2023
      Shri Bhanu Pratap Singh - Advocate for the petitioner.

      Shri M.S. Jadon - Government Advocate for the respondent/State.

Heard on admission/stay.

The present petition under Article 227 of the Constitution is preferred at the instance of petitioner/plaintiff in which he is taking exception to the order dated 11-09-2023 passed by the trial Court whereby right to lead evidence of

plaintiff has been closed.

Petitioner fairly submits that he was granted thirteen opportunities to lead evidence but incidentally counsel appearing for plaintiff never informed the plaintiff, therefore, he could not make himself available to appear in the witness box. He is the victim of circumstances whereby despite having registered sale deed in his favour dated 13-08-2007, another sale deed is being executed by defendant No.2 in favour of defendant No.1 vide sale deed dated 24-10-2023. He has good case on merits. However in view of inadvertence of counsel for plaintiff, he could not present his case and could not appear in witness box.

Loss would be irreparable. He is ready to appear before the trial Court only if one opportunity is given. He informed this Court that today case is listed for final hearing before the trial Court. He is ready to compensate the defendants by depositing appropriate cost.

Issue notice to the respondents on payment of process fee within three working days by RAD mode, returnable within two weeks.

Till next date of hearing, trial Court is directed not to deliver the

judgment without leave of this Court.

Matter is placed on 20-11-2023 at top of the list.

(ANAND PATHAK) JUDGE

Anil*

ANIL Digitally signed by ANIL KUMAR CHAURASIYA DN: c=IN, o=HIGH COURT OF MADHYA

KUMAR PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=8512f40a1a9eaa50b6802d068b51da e27e84c266b09d283f0799e67cdc7df50f,

CHAURA pseudonym=F7E569EA2A8955818DF870B0C 50764B46C526E80, serialNumber=EC534CBB3B245F050119F06F 4A296DD83C765A1E2ACC6EC7D8BD8CBCC9 C2446E, cn=ANIL KUMAR CHAURASIYA

SIYA Date: 2023.10.27 15:05:37 +05'30'