Madhya Pradesh High Court
Mohd Salim vs Chhedilal on 12 February, 2024
Author: Dwarka Dhish Bansal
Bench: Dwarka Dhish Bansal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
ON THE 12 th OF FEBRUARY, 2024
SECOND APPEAL No. 2935 of 2022
BETWEEN:-
1. MOHD SALIM S/O MOHD ALIM, AGED ABOUT 43
YEAR S, OCCUPATION: SERVICE NCL KHADIYA
PROJECT DISTRICT SONBHADRA U.P. CURRENT
R/O VILLAGE BAIDHAN TAHSIL AND DISTRICT
SINGRAULI (MADHYA PRADESH)
2. AYESHA BEGAM D/O NYAZ MOHAMMAD W/O
AZIZUDDIN, AGED ABOUT 55 YEARS,
OCCUPATION: HOUSEWIFE R/O VILLAGE
BAIDHAN (MADHYA PRADESH)
3. KULSUM BEGAM D/O NYAZ MOHAMMAD W/O
ALEEM, AGED ABOUT 59 YEARS, R/O VILLAGE
BAIDHAN (MADHYA PRADESH)
4. AZIJUNNISHA D/O NYAZ MOHAMMAD W/O
HIFJURREHMAN, AGED ABOUT 56 YEARS,
OCCUPATION: HOUSEWIFE R/O VILLAGE
BAIDHAN (MADHYA PRADESH)
5. MEHRUNNISHA W/O WD/O MOHD. FAROOKH W/O
ALEEM, AGED ABOUT 60 YEARS, OCCUPATION:
HOUSEWIFE R/O VILLAGE BAIDHAN (MADHYA
PRADESH)
6. ABDUL KAYUM S/O LATE MOHD. FAROOKH,
AGED ABOUT 43 YEARS, OCCUPATION: BUSINESS
R/O VILLAGE BAIDHAN DISTRICT SINGRAULI
(MADHYA PRADESH)
7. SAKIRA BANO D/O LATE MOHD FAROOKH, AGED
ABOUT 46 YEARS, OCCUPATION: HOUSEWIFE R/O
VILLAGE BAIDHAN DISTRICT SINGRAULI
(MADHYA PRADESH)
8. ABDUL KUDDUSH S/O LATE MOHD FAROOKH,
AGED ABOUT 47 YEARS, OCCUPATION: BUSINESS
R/O VILLAGE BAIDHAN DISTRICT SINGRAULI
(MADHYA PRADESH)
Signature Not Verified
Signed by: KUMARI PALLAVI
SINHA
Signing time: 2/13/2024
12:40:27 PM
2
9. ABDUL AHMED @ ABDUL AHAD S/O NYAZ
MOHAMMAD, AGED ABOUT 43 YEARS,
OCCUPATION: BUSINESS R/O VILLAGE BAIDHAN
DISTRICT SINGRAULI (MADHYA PRADESH)
.....APPELLANTS
(BY SHRI AMILESH CHATURVEDI, ADVOCATE)
AND
1. CHHEDILAL S/O LATE MAHAVIR YADAV, AGED
ABOUT 52 YEARS, OCCUPATION: BUSINESS
VILLAGE POST AND THANA BAIDHAN DISTRICT
SINGRAULI (MADHYA PRADESH)
2. KANHAIYALAL YADAV S/O LATE MAHAVIR
YADAV, AGED ABOUT 45 YEARS, OCCUPATION:
BUSINESS R/O VILLAGE POST AND THANA
BAIDHAN DISTRICT SINGRAULI (MADHYA
PRADESH)
3. SMT. SUDANI YADAV D/O LATE MAHAVIR YADAV,
AGED ABOUT 55 YEARS, OCCUPATION: HOUSE
WIFE R/O VILLAGE POST AND THANA BAIDHAN
DISTRICT SINGRAULI (MADHYA PRADESH)
4. SMT. SURTANI YADAV D/O LATE MAHAVIR
YADAV, AGED ABOUT 47 YEARS, OCCUPATION:
HOUSE WIFE R/O VILLAGE POST AND THANA
BAIDHAN DISTRICT SINGRAULI (MADHYA
PRADESH)
5. ASHIK MOHD S/O SHAH MOHD, AGED ABOUT 70
YEAR S, OCCUPATION: BUSINESS R/O VILLAGE
POST AND THANA BAIDHAN DISTRICT
SINGRAULI (MADHYA PRADESH)
6. THE STATE OF MADHYA PRADESH, THROUGH
COLLECTOR, SINGRAULI DISTRICT SINGRAULI
(MADHYA PRADESH)
7. SOGRA BEGAM D/O NYAZ MOHAMMAD W/O
AZIJUDDIN, AGED ABOUT 58 YEARS,
OCCUPATION: HOUSEWIFE R/O VILLAGE POST
AND THANA BAIDHAN DISTRICT SINGRAULI
(MADHYA PRADESH)
8. HAMIDAN D/O NYAZ MOHAMMAD, AGED ABOUT
57 YEARS, R/O VILLAGE POST AND THANA
Signature Not Verified
Signed by: KUMARI PALLAVI
SINHA
Signing time: 2/13/2024
12:40:27 PM
3
BAIDHAN DISTRICT SINGRAULI (MADHYA
PRADESH)
9. ABDUL MAJEED S/O NYAZ MOHAMMAD, AGED
ABOUT 60 YEARS, OCCUPATION: BUSINESS R/O
VILLAGE POST AND THANA BAIDHAN DISTRICT
SINGRAULI (MADHYA PRADESH)
10. MST KURAISHA KHATOON W/O LATE MOHD
SADDIQUE @ MOHD SAIEED, AGED ABOUT 58
YEARS, OCCUPATION: HOUSEWIFE R/O VILLAGE
POST AND THANA BAIDHAN DISTRICT
SINGRAULI (MADHYA PRADESH)
11. AYUB MOHD S/O NYAZ MOHAMMAD, AGED
ABOUT 62 YEARS, OCCUPATION: BUSINESS R/O
VILLAGE POST AND THANA BAIDHAN DISTRICT
SINGRAULI (MADHYA PRADESH)
12. ABDUL MAZEED S/O NYAZ MOHAMMAD, AGED
ABOUT 62 YEARS, OCCUPATION: BUSINESS R/O
VILLAGE POST AND THANA BAIDHAN DISTRICT
SINGRAULI (MADHYA PRADESH)
13. MOHD. HUSSAIN S/O NYAZ MOHAMMAD, AGED
ABOUT 59 YEARS, OCCUPATION: BUSINESS R/O
VILLAGE POST AND THANA BAIDHAN DISTRICT
SINGRAULI (MADHYA PRADESH)
14. MOHD. ISTIYAQ S/O LATE AALEY MOHD, AGED
ABOUT 50 YEARS, R/O VILLAGE POST AND THANA
BAIDHAN DISTRICT SINGRAULI (MADHYA
PRADESH)
15. MOHD. SOAIB S/O LATE AALEY MOHD, AGED
ABOUT 35 YEARS, OCCUPATION: BUSINESS R/O
VILLAGE POST AND THANA BAIDHAN DISTRICT
SINGRAULI (MADHYA PRADESH)
16. CHHOTKI W/O LATE MOHD. ALEEM, AGED
ABOUT 65 YEARS, OCCUPATION: HOUSEWIFE R/O
VILLAGE POST AND THANA BAIDHAN DISTRICT
SINGRAULI (MADHYA PRADESH)
17. MOHD. EKLAKH S/O LATE MOHD. ALEEM, AGED
ABOUT 62 YEARS, OCCUPATION: BUSINESS R/O
VILLAGE POST AND THANA BAIDHAN DISTRICT
SINGRAULI (MADHYA PRADESH)
18. JUBEDA BEGAM D/O LATE MOHD. ALEEM, AGED
Signature Not Verified
Signed by: KUMARI PALLAVI
SINHA
Signing time: 2/13/2024
12:40:27 PM
4
ABOUT 62 YEARS, OCCUPATION: HOUSEWIFE R/O
VILLAGE POST AND THANA BAIDHAN DISTRICT
SINGRAULI (MADHYA PRADESH)
19. ESHA MOHD S/O LATE SHAH MOHD, AGED
ABOUT 60 YEARS, OCCUPATION: BUSINESS R/O
VILLAGE POST AND THANA BAIDHAN DISTRICT
SINGRAULI (MADHYA PRADESH)
20. IDREESH MOHD S/O LATE SHAH MOHD, AGED
ABOUT 62 YEARS, OCCUPATION: BUSINESS R/O
VILLAGE POST AND THANA BAIDHAN DISTRICT
SINGRAULI (MADHYA PRADESH)
21. ISLAM MOHD S/O LATE SHAH MOHD, AGED
ABOUT 58 YEARS, OCCUPATION: BUSINESS R/O
VILLAGE POST AND THANA BAIDHAN DISTRICT
SINGRAULI (MADHYA PRADESH)
22. MOHD. HASSAN S/O LATE SABBIR MOHD, AGED
ABOUT 50 YEARS, OCCUPATION: BUSINESS R/O
VILLAGE POST AND THANA BAIDHAN DISTRICT
SINGRAULI (MADHYA PRADESH)
23. NAJMA BEGAM D/O LATE SABBIR MOHD, AGED
ABOUT 60 YEARS, OCCUPATION: BUSINESS R/O
VILLAGE POST AND THANA BAIDHAN DISTRICT
SINGRAULI (MADHYA PRADESH)
24. ABDUL NOOR MOTHER SAKEENA S/O LATE
SABBIR MOHD, AGED ABOUT 45 YEARS,
OCCUPATION: BUSINESS R/O VILLAGE POST AND
THANA BAIDHAN DISTRICT SINGRAULI
(MADHYA PRADESH)
25. KAMAR RIZWAN MOTHER SAKEENA S/O LATE
SABBIR MOHD OCCUPATION: BUSINESS R/O
VILLAGE POST AND THANA BAIDHAN DISTRICT
SINGRAULI (MADHYA PRADESH)
26. RAJNU CHAMAR S/O LOLAR CHAMAR, AGED
ABOUT 43 YEARS, OCCUPATION: LABOUR R/O
VILLAGE POST AND THANA BAIDHAN DISTRICT
SINGRAULI (MADHYA PRADESH)
27. MOTILAL CHAMAR S/O LOLAR CHAMAR, AGED
ABOUT 48 YEARS, OCCUPATION: LABOUR R/O
VILLAGE POST AND THANA BAIDHAN DISTRICT
SINGRAULI (MADHYA PRADESH)
Signature Not Verified
Signed by: KUMARI PALLAVI
SINHA
Signing time: 2/13/2024
12:40:27 PM
5
28. SHANKAR S/O TULSI, AGED ABOUT 50 YEARS,
OCCUPATION: LABOUR R/O VILLAGE POST AND
THANA BAIDHAN DISTRICT SINGRAULI
(MADHYA PRADESH)
29. SHIVNATH S/O TULSI, AGED ABOUT 52 YEARS,
OCCUPATION: LABOUR R/O VILLAGE POST AND
THANA BAIDHAN DISTRICT SINGRAULI
(MADHYA PRADESH)
30. LAKSHIMAN S/O TULSI, AGED ABOUT 50 YEARS,
OCCUPATION: LABOUR R/O VILLAGE POST AND
THANA BAIDHAN DISTRICT SINGRAULI
(MADHYA PRADESH)
31. SHIVSAGAR S/O TULSI, AGED ABOUT 48 YEARS,
OCCUPATION: LABOUR R/O VILLAGE POST AND
THANA BAIDHAN DISTRICT SINGRAULI
(MADHYA PRADESH)
32. RAMKUMARI MOTHER KANTALIYA W/O
RAMJIYAWAN, AGED ABOUT 50 YEARS,
OCCUPATION: LABOUR R/O VILLAGE POST AND
THANA BAIDHAN DISTRICT SINGRAULI
(MADHYA PRADESH)
33. PHULASHWARI MOTHER KANTALIYA W/O DIPTI,
AGED ABOUT 72 YEARS, OCCUPATION: LABOUR
R/O VILLAGE POST AND THANA BAIDHAN
DISTRICT SINGRAULI (MADHYA PRADESH)
.....RESPONDENTS
(BY MS. SARASWATI BADGAIYAN, PANEL LAWYER FOR RESPONDENT-
STATE)
This appeal coming on for admission, this day, th e court passed the
following:
ORDER
At the outset, learned counsel for the appellants prays for withdrawal of
this second appeal with liberty to avail alternative remedy against the order dtd.
01.07.2022.
2. Prayer being reasonable is accepted and this second appeal is permitted to
be withdrawn and is hereby disposed off with the aforesaid liberty.
3. Pending application(s), if any, shall stand disposed off.
4. Registry is directed to return the certified copy of the order/judgment dtd.
01.07.2022 to learned counsel for the appellants after retaining its photocopy on
record.
(DWARKA DHISH BANSAL)
JUDGE
KPS
