Jay Prakash vs Kanhaiya
2024 Latest Caselaw 3213 MP

Madhya Pradesh High Court

Jay Prakash vs Kanhaiya on 2 February, 2024

Author: Avanindra Kumar Singh

Bench: Avanindra Kumar Singh

                                                       1
                            IN      THE   HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE AVANINDRA KUMAR SINGH
                                           ON THE 2 nd OF FEBRUARY, 2024
                                           SECOND APPEAL No. 179 of 2011

                           BETWEEN:-
                           1.    JAY PRAKASH S/O RAM SWAROOP PAL, AGED
                                 ABOUT 50 YEARS

                           2.    VIJAY S/O RAM SWAROOP PAL, AGED ABOUT 53
                                 YEARS

                           3.    OM PRAKASH S/O RAM SWAROOP PAL, AGED
                                 ABOUT 54 YEARS
                                 ALL ARE AGRICULTURISTS AND RESIDENTS OF
                                 VILLAGE NAHALDA, TEH. KHANDWA, DISTT.
                                 EAST NIMAD (MADHYA PRADESH)

                                                                             .....APPELLANTS
                           (NONE)

                           AND
                           1.    KANHAIYA S/O RAM PRASAD PAL, AGED ABOUT
                                 42 YEARS

                           2.    CHHOTELAL S/O RAM PRASAD PAL, AGED ABOUT
                                 30 YEARS

                           3.    RAMLAL S/O SHEETAL PRASAD PAL, AGED
                                 ABOUT 60 YEARS

                           4.    GAJANAND S/O SITARAM PAL, AGED ABOUT 55
                                 YEARS

                           5.    PYARELAL S/O MADHURA PRASAD PAL, AGED
                                 ABOUT 60 YEARS

                           6.    ROOPCHAND S/O MADHURA PRASAD PAL, AGED
                                 ABOUT 25 YEARS
                                 ALL ARE AGRICULTURISTS AND RESIDENTS OF
                                 VILLAGE NAHALDA TEH. KHANDWA, DISTT. EAST
                                 NIMAD (MADHYA PRADESH)
Signature Not Verified
Signed by: VINAY KUMAR
VERMA
Signing time: 22-02-2024
19:43:09
                                                                     2
                                                                                           .....RESPONDENTS
                           (NONE)

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

None for the appellants even in pass over round. Record is received.

Appeal is still not admitted.

On 22.03.2016 and 10.07.2019, learned counsel for the appellants sought time to argue on admission and on 10.07.2019 last time was granted. Again on 14.01.2020 time was granted to the appellants.

The learned IInd Civil Judge Class-I, Khandwa in Civil Suit No.27-A/2008 in the suit of Jaiprakash and ors. vs Kanaiya and ors. by judgment and decree dated 28.01.2010 dismissed the suit of the plaintiff and on an appeal by the plaintiff in Civil Appeal No. 7-A/2010 by judgment and decree dated 12.11.2010 the appeal was dismissed, therefore, there is a concurrent finding against the plaintiff by both the Courts.

Since none is appearing on behalf of the appellants today, therefore, it seems that appellants do not want to press this appeal and it is dismissed for want of prosecution.

Let a copy of this order be sent to the concerned court along with record.

(AVANINDRA KUMAR SINGH) JUDGE vkv /-