Madhya Pradesh High Court
Sukhdev vs Keshariya on 1 April, 2024
Author: Vivek Agarwal
Bench: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 1 st OF APRIL, 2024
MISC. PETITION No. 877 of 2024
BETWEEN:-
1. SUKHDEV S/O LATE SHRI PIRWA PYARELAL
RAIKWAR, AGED ABOUT 51 YEARS, OCCUPATION:
AGRICULTURIST R/O. RAJNAGAR TAH
RAJNAGAR DISTT. CHHATARPUR M.P. (MADHYA
PRADESH)
2. POORAN S/O SHRI PIRWA @ PYARELAL
RAIKWAR, AGED ABOUT 48 YEARS, OCCUPATION:
AGRICULTURIST R/O RAJNAGAR TEHSIL
RAJNAGAR DISTRICT CHHATAPUR (MADHYA
PRADESH)
3. SMT NARBADIYA D/O LATE SHRI PIRWA @
PYARELAL RAIKWAR W/O RAJJU RAIKWAR,
AGED ABOUT 59 YEARS, OCCUPATION: HOUSE
WIFE R/O RAJNAGAR TEHSIL RAJNAGAR
DISTRICT CHHATARPUR MP AT PRESENT R/O
TILWAPURA CHARKHARI TEHSIL CHARKHARI
DISTRICT MAHOBA (UTTAR PRADESH)
4. SMT RAMKUWAR D/O LATE SHRI PIRWA @
PYARELAL RAIKWAR W/O JALAM RAIKWAR,
AGED ABOUT 58 YEARS, OCCUPATION: HOUSE
WIFE R/O RAJNAGAR TEHSIL RAJNAGAR
DISTRICT CHHATARPUR MP AT PRESENT R/O
RAMPUR TEHSIL AND DISTRICT CHHATARPUR
(MADHYA PRADESH)
5. SMT RUPA D/O LATE SHRI PIRWA @ PYARELAL
RAIKWAR W/O RAJJU RAIKWAR, AGED ABOUT 44
YEARS, OCCUPATION: HOUSE WIFE R RAJNAGAR
TEHSIL RAJNAGAR DISTRICT CHATARPUR MP
AT PRESENT R/O BLOCK HOUSE NO 427
DAKSHINPURI DILHI (MADHYA PRADESH)
6. HARIKISHORE SHARMA S/O SHRI BENI PRASAD
SHARMA, AGED ABOUT 66 YEARS, OCCUPATION:
AGRICULTURIST R/ RAJNAGAR TEHSIL
RAJNAGAR DISTRICT CHHATARPUR (MADHYA
Signature Not Verified
Signed by: AMITABH
RANJAN
Signing time: 03-04-2024
13:17:18
2
PRADESH)
7. AJIT S/O SUKHDEV RAIKWAR, AGED ABOUT 29
Y E A R S , OCCUPATION: AGRICULTURE R/O
RAJNAGAR TEHSIL RAJNAGAR DISTRICT
CHHATARPUR (MADHYA PRADESH)
8. GOVIND S/O SUKHDEV RAIKWAR, AGED ABOUT
26 YEARS, OCCUPATION: AGRICULTURIST R/O
RAJNAGAR TEHSIL RAJNAGAR DISTRICT
CHHATARPUR (MADHYA PRADESH)
.....PETITIONERS
(BY SHRI J.L. SONI - ADVOCATE)
AND
1. KESHARIYA S/O LATE SHRI PIRWA ALIAS
PYARELAL RAIKWAR, AGED ABOUT 55 YEARS,
OCCUPATION: AGRICULTURIST R/O. RAJNAGAR
TAH. RAJNAGAR DISTT. CHHATARPUR M.P.
(MADHYA PRADESH)
2. THE STATE OF M.P. THROUGH THE COLLECTOR,
CHHATARPUR DISTRICT CHHATARPUR
(MADHYA PRADESH)
.....RESPONDENTS
(RESPONDENT No.2 BY SHRI ATUL DWIVEDI - PANEL LAWYER )
This petition coming on for admission this day, th e court passed the
following:
ORDER
Petitioner is aggrieved of order Annexure P-1 passed by learned Civil
Judge Class-II, Rajnagar District Chhatarpur in Civil Suit No. 51-A of 2018,
whereby learned trial Court has refused to entertain an application under Order
14 Rule 5 CPC for amendment of issues.
It is an admitted position that petitioner had proposed two issues to be
made, namely (i) Whether the present suit will be barred under Section 11 of
CPC on account of dismissal of the earlier suit bearing No. 22-A of 2015
dismissed on 22.09.2016 and (ii) Whether without seeking possession the suit
of the plaintiff is maintainable.
As far as first issue is concerned, learned 5th District Judge Chhatarpur
has decided this issue in RCA No. 58-A/2019 as was filed by the plaintiff and
has held that the suit was wrongly dismissed by the trial Court invoking the
provisions of Section 11 of CPC in an inappropriate manner. Therefore, once
that issue is already decided by the first appellate Court then the remedy to the
petitioner/defendant was to challenge this judgment dated 29.06.2022 and the
same issue could not have been raised again before the trial Court.
As far as second issue of possession is concerned, trial Court has
categorically noted that plaintiff has claimed joint possession on the suit
property and since he is already claiming joint possession of the suit property,
there is no need to make a separate prayer for return of possession.
When, these aspects are taken into consideration, than impugned order
passed by the learned trial Court cannot be faulted with, calling for interference
in the supervisory jurisdiction of the High Court.
Misc. Petition fails and is dismissed.
(VIVEK AGARWAL)
JUDGE
AR
