Sharad Kumar Agrawal vs Krishna Rana
2023 Latest Caselaw 14909 MP

        IN THE HIGH COURT OF MADHYA PRADESH
                     AT JABALPUR

                         CR No. 246 of 2021
     (SHARAD KUMAR AGRAWAL AND OTHERS Vs KRISHNA RANA AND OTHERS)



Dated : 11-09-2023

     Shri Avinash Zargar - Advocate for appellants.
     Ms. Anjali Banerjee - Advocate for respondent Nos.1 to 7.


      Reserved On        :     29.08.2023
      Pronounced On      :     11.09.2023
                               ORDER

This civil revision has been filed against the order dated 28.07.2021 (Annexure A/1) by learned First Additional District Judge, Sagar which was an application under Section 152 read with Section 153 of CPC.

Since, the Registry had raised an objection regarding the maintainability of this revision pointing out that civil revision is not maintainable in fact, petition should be filed under Article 227 of Constitution of India.

On the question of maintainability, parties were heard on 29.08.2023 while Shri Avinash Zargar, learned counsel for petitioners emphasized that civil revision, is maintainable and in support of his argument, he referred to the judgment of this Court in the case of Anil Kumar Vs. Afzal Anees (WP No.10345/2010) decided on 20.04.2011 in which, the Co-ordinate Bench has held that for challenging the order under Section 47 of CPC, the writ petition is not maintainable in fact, civil revision should be filed. The order of Co-ordinate Bench was based on the case of Sawal Singh Vs. Smt. Ramsakhi & Ors. 2003 (1) MPLJ 31 and the liberty was given to file civil revision if the party so desire.

Learned counsel for respondents No.1 to 7 defended the objection raised by Registry regarding the maintainability and submitted that writ petition should be filed.

The question before this Court is whether civil revision is maintainable or writ petition should be filed against the dismissal of application under Section 152 read with Section 153 of CPC in MJC No.85/2018 in the case between the parties in which execution case no.68/2016 was also pending.

Accordingly, in the light of the case of Sawal Singh (supra), this civil revision against the order dated 28.07.2021 under Sections 152 & 153 of CPC in MJC No.85/2018 is maintainable as rights of either party or proceedings do not terminate. Therefore, objection raised by Registry is ignored.

Let the case be listed for hearing after a week.

(AVANINDRA KUMAR SINGH) JUDGE Shub SHUBHAM Digitally signed by SHUBHAM THAKKER DN: c=IN, o=HIGHT COURT OF MADHYA PRADESH, ou=GOVERMENT, 2.5.4.20=9ae0b4c3f8dbec36692c45b55d89f22c2ad48e7930accbade

THAKKER 871ee3495c5a9d8, postalCode=482001, st=MADHYA PRADESH, serialNumber=086CC2FDA1069ABFC2CE779B66622BD02EEAD5773 A0DCE2947571D5FE6005A56, cn=SHUBHAM THAKKER Date: 2023.09.13 14:24:26 +05'30'