Laxminarayan Namdeo vs Babu Khan
2023 Latest Caselaw 15965 MP

                                                              1
                            IN      THE      HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                     BEFORE
                                    HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                              ON THE 26 th OF SEPTEMBER, 2023
                                                SECOND APPEAL No. 40 of 2017

                           BETWEEN:-
                           LAXMINARAYAN NAMDEO S/O SURAJMAL NAMDEO
                           R/O INFRONT OF MUKATI PETROL PUMP, ASHTA
                           DISTT. SIHORE (MADHYA PRADESH)

                                                                                           .....APPELLANT
                           (BY SHRI BHUPENDRA KUMAR SHUKLA - ADVOCATE)

                           AND
                           BABU KHAN S/O RAJJAB QURESHI BADODIYA GADRI
                           WALE R/O INFRONT OF QURESHIAN MASJID
                           KASAIPURA CHOURAHA ASHTA DISTT. SEHORE
                           (MADHYA PRADESH)

                                                                                         .....RESPONDENT
                           (NONE)

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

This second appeal has been filed by the plaintiff/appellant challenging the judgment and decree dated 03.10.2016 passed by First Additional District Judge, Ashta, District Sihore in Civil Appeal No.10-A/2016 reversing the

judgment and decree dated 29.02.2016 passed by 2nd Civil Judge Class-II, Tahsil Ashta, District Sihore in Civil Suit No.04-B/15.

2. The civil suit was filed for recovery of an amount of Rs.24,800/- which was decreed by trial Court, which upon filing civil appeal by the defendant, has been reversed by learned first appellate Court vide judgment and decree dated Signature Not Verified Signed by: APARNA TIWARI Signing time: 9/27/2023 2:11:39 PM

03.10.2016 dismissing the suit in its entirety.

3. In the light of provision contained in Section 102 of CPC, the present second appeal is not maintainable. As such learned counsel for the appellant prays for conversion of this second appeal into civil revision.

4. Prayer being reasonable is accepted and this second appeal is permitted to be converted into civil revision with the direction to learned counsel for the appellant to carry out necessary correction in the memo within a period of seven working days.

5. In turn, the Registry is directed to re-register the civil revision.

6. Accordingly, this second appeal is disposed off.

(DWARKA DHISH BANSAL) JUDGE AT

Signature Not Verified Signed by: APARNA TIWARI Signing time: 9/27/2023 2:11:39 PM