Mohar Singh vs Repudaman Singh
2023 Latest Caselaw 14397 MP

                                                       1
                            IN    THE     HIGH COURT OF MADHYA PRADESH
                                                AT GWALIOR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE SATYENDRA KUMAR SINGH
                                           ON THE 2 nd OF SEPTEMBER, 2023
                                      CONTEMPT PETITION CIVIL No. 711 of 2019

                           BETWEEN:-
                           1.    MOHAR SINGH S/O KHUSHAL SINGH CHACHODA
                                 GUNA (MADHYA PRADESH)

                           2.    CHARAN SINGH S/O KHUSHAL SINGH CHACHODA
                                 DISTT GUNA (MADHYA PRADESH)

                           3.    LAXMIBAI D/O KHUSHAL SINGH CHACHODA
                                 DISTT GUNA (MADHYA PRADESH)

                           4.    TARABAI D/O KHUSHAL SINGH CHACHODA
                                 DISTT GUNA (MADHYA PRADESH)

                           5.    SHANTI BAI W/O KHUSHAL SINGH CHACHODA
                                 DISTT GUNA (MADHYA PRADESH)

                                                                               .....PETITIONER
                           (BY SHRI PRASHANT SHARMA - ADVOCATE)

                           AND
                           1.    REPUDAMAN SINGH S/O JAGANNATH SINGH,
                                 AGED ABOUT 58 YEARS, CHACHODA (MADHYA
                                 PRADESH)

                           2.    KEDAR SINGH S/O KALYAN SINGH, AGED ABOUT
                                 56 YEARS, CHACHODA DISTT GUNA (MADHYA
                                 PRADESH)

                           3.    JAGISH SINGH S/O LT SHRI MAN SINGH, AGED
                                 ABOUT 28 YEARS, CHACHODA DISTT GUNA
                                 (MADHYA PRADESH)

                           4.    CHHAGAN SINGH S/O LT SHRI MAN SINGH, AGED
                                 ABOUT 26 YEARS, CHACHODA DISTT GUNA
                                 (MADHYA PRADESH)

                                                                             .....RESPONDENTS
Signature Not Verified
Signed by: ABHISHEK
CHATURVEDI
Signing time: 02-09-2023
05:38:19 PM
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                           (SHRI SANTOSH AGRAWAL - ADVOCATE FOR RESPONDENT NO. 1)

                                 This petition coming on for admission this day, th e court passed the
                           following:
                                                                 ORDER

This contempt petition under Article 215 of the Constitution of India has been preferred against non-compliance of the order dated 22.04.2014 passed by coordinate Bench of this Court in S.A. No.76/2006 and order dated 18.07.2014 passed by coordinate Bench of this Court in R.P. No.257/2014 and order dated 04.08.2015 passed by coordinate Bench of this Court in R.P. No.186/2015.

2. The coordinate Bench of this Court vide order dated 22.04.2014 has disposed of the appeal with the following directions:-

(i) defendants No. 3 and 4 shall deliver the possession of ¼ of the entire land in question i.e. 0.384 hectare to the appellant/plaintiff;

(ii) defendants No. 3 and 4 shall pay Rs. 2,500/- per year as mesne profits since 1968 to the plaintiff/appellant till the date of payment without any interest;

(iii) delivery of possession and payment of mesne profits as aforesaid shall be made within two months;

(iv) plaintiff/appellant is at liberty to approach this Court in the event, the order passed today is not complied with within time stipulated for necessary directions.

3. In R.P. No.257/2014, the aforesaid order was modified vide order dated 18.07.2014, which are as follows:-

Accordingly, this review petition is allowed. In line 2 at page 2 and in direction No. (i) where the figure "1/4" has come, it be read as "1/2".

Let this order be read in conjunction with the judgment passed in Signature Not Verified Signed by: ABHISHEK CHATURVEDI Signing time: 02-09-2023 05:38:19 PM

S.A. No. 76/2006 (supra).

4. It is apparent that vide order dated 22.04.2014, petitioners'/appellants' second appeal was disposed of, therefore, petitioners/appellants were required to file application for execution before the Trial Court. Accordingly, this petition is disposed of with a direction to the petitioners to file an appropriate application for execution of the aforesaid decree before the Trial Court and the Trial Court is directed to consider the petitioners'/appellants' application in accordance with law.

5.Accordingly, the contempt petition is disposed of.

(SATYENDRA KUMAR SINGH) JUDGE Abhi

Signature Not Verified Signed by: ABHISHEK CHATURVEDI Signing time: 02-09-2023 05:38:19 PM