Savitri Devi vs Smt. Bhanumati
2023 Latest Caselaw 14413 MP

                                                        1
                             IN    THE     HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                     BEFORE
                                    HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                            ON THE 2 nd OF SEPTEMBER, 2023
                                            REVIEW PETITION No. 889 of 2023

                            BETWEEN:-
                            1.    SAVITRI DEVI W/O JAGSHRAM SINGH D/O
                                  BHAGWANDAS TIWARI, AGED ABOUT 60 YEARS,
                                  OCCUPATION: HOUSEWIFE KARMAU TEHSIL
                                  RAMPURBAGHELAN      DISTRICT   (MADHYA
                                  PRADESH)

                            2.    PHOOLMATI    W/O   SHRI    DEVDATT  D/O
                                  BHAGWANDAS TIWARI, AGED ABOUT 65 YEARS,
                                  OCCUPATION: HOUSEWIFE, THROUGH THEIR
                                  DULY CONSTITUTED ATTORNEY VINOD KUMAR
                                  TIWARI R/O DALORA TEHSIL RAGHURAJNAGAR
                                  DISTRICT SATNA (MADHYA PRADESH)

                            3.    VINOD KUMAR TIWARI S/O JAGSHRAM SINGH,
                                  AGED   ABOUT     40  YEARS, OCCUPATION:
                                  ADVOCATE     R/O     KARMAU      TEHSIL
                                  RAMPURBAGHELAN DISTRICT SATNA (MADHYA
                                  PRADESH)

                                                                              .....APPLICANTS
                            (BY MS. SANJANA SAHNI, ADVOCATE)

                            AND
                            1.    SMT. BHANUMATI W/O RAMBHUVAN TIWARI D/O
                                  BHAGWANDAS TIWARI, AGED ABOUT 53 YEARS,
                                  OCCUPATION: HOUSE WIFE MOHALLA URRHAT
                                  BEHIND P.K SCHOOL REWA TEHSIL AND
                                  DISTRICT (MADHYA PRADESH)

                            2.    SMT KAMLA DEVI W/O VANSH GOPAL TIWARI
                                  D/O BHAGWANDAS TIWARI, AGED ABOUT 50
                                  YEAR S , OCCUPATION: HOUSEWIFE, THROUGH
                                  THEIR SKPECIAL POWER OF ATTONEY RAKESH
                                  TIWARI S/O RAMBHUVAN TIWARI AGED 39 R/O
                                  MOHALLA URRHAT BEHIND P.K. SCHOOL REWA
                                  TEHSIL AND DISTRICT REWA R/O HARDI TEHSIL
                                  GUDH DISTRICT REWA M.P. (MADHYA PRADESH)
Signature Not Verified
Signed by: KUMARI PALLAVI
SINHA
Signing time: 9/4/2023
5:08:10 PM
                                                              2
                            3.    STATE OF MADHYA PRADESH                    THROUGH
                                  C O L L E C T O R DISTRICT   SATNA          (MADHYA
                                  PRADESH)

                                                                                            .....RESPONDENTS


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

Heard on I.A. No.13160/2023, which is an application under Section 5 of the Limitation Act for condonation of delay in filing of the review petition. Registry has reported this review petition to be barred by 13 days.

2. For the reasons mentioned in the application, there is sufficient cause for

condonation of delay in filing of the review petition, therefore, delay in filing review petition is hereby condoned.

3. Accordingly, I.A. No. 13160/2023 is disposed off/closed.

4. Also heard on the question of admission.

5. Learned counsel for the applicants submits that although there was a judgment and decree dtd. 05.04.2003 (Ex.P/5-P/7) but there was condition of its registration and till now it is not registered, therefore, it could not have been given effect for the purpose of declaring the rights of the respondents.

6. Heard learned counsel for the applicants.

7. After having heard the learned counsel for the applicants and from perusal of the order passed by this Court, it is clear that undisputedly there was judgment and decree dtd. 05.04.2003 passed in civil suit No.347-A/2000 (Ex.P/5-P/7) whereby the plaintiffs and defendants 1-2 (who are real sisters) were held to be owner/bhoomiswami of the suit land and neither before the Courts below nor before this Court in review petition, the counsel for the

Signature Not Verified Signed by: KUMARI PALLAVI SINHA Signing time: 9/4/2023 5:08:10 PM

applicants has been able to point out any documentary evidence showing the applicants to be exclusive owners/bhoomiswami of the land in question and from the order it is also clear that the applicants were claiming rights on the basis of order of mutation passed by the Tahsildar.

8. In view of the aforesaid discussion, in the considered opinion of this Court, there is no error apparent on the face of record.

9. Resultantly, this review petition deserves to be and is hereby dismissed.

10. Interim application(s), if any, shall stand dismissed.

(DWARKA DHISH BANSAL) JUDGE Pallavi

Signature Not Verified Signed by: KUMARI PALLAVI SINHA Signing time: 9/4/2023 5:08:10 PM