Madhya Pradesh High Court
Ramratan vs Charan Lal on 13 May, 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 13 th OF MAY, 2024
MISC. APPEAL No. 722 of 2017
BETWEEN:-
1. RAMRATAN S/O MANGAL SINGH R/O VILL-
GODRA TAH AND DISTT RAISEN (MADHYA
PRADESH)
2. SITARAM S/O RAMRATAN VILLAGE GODRA TAH
AND DISTT. RAISEN (MADHYA PRADESH)
3. SMT MULLOBAI W/O BALARAM VILLAGE SODRA,
TAHSIL AND DISTT. RAISEN (MADHYA PRADESH)
.....APPELLANTS
(BY SHRI RAHUL DIWAKAR - ADVOCATE)
AND
1. CHARAN LAL S/O DAULATRAM, AGED ABOUT 72
Y E A R S , R/O VILL-BARBATPUR TAH-
GAUHARGANJ, DISTT. RAISEN (MADHYA
PRADESH)
2. HALKOO LAL S/O DAULATRAM, AGED ABOUT 50
Y E A R S , VILLAGE BARBATPUR TAHSIL
GAUHARGANJ, DISTT. RAISEN (MADHYA
PRADESH)
3. KHETSINGH S/O DAULATRAM, AGED ABOUT 47
Y E A R S , VILLAGE BARBATPUR TAHSIL
GAUHARGANJ, DISTT. RAISEN (MADHYA
PRADESH)
4. SHAITAN SINGH S/O DAULATRAM, AGED ABOUT
42 YEARS, VILLAGE BARBATPUR TAHSIL
GAUHAR GAN J , DISTT. RAISEN (MADHYA
PRADESH)
5. TULSABAI D/O DAULATRAM, AGED ABOUT 66
Y E A R S , VILLAGE BARBATPUR TAHSIL
GAUHARGANJ, DISTT. RAISEN (MADHYA
Signature Not Verified
Signed by: SWETA SAHU
Signing time: 5/15/2024
5:18:23 PM
2
PRADESH)
6. LEELABAI D/O DAULATRAM VILLAGE
BARBATPUR TAHSIL GAUHARGANJ , DISTT.
RAISEN (MADHYA PRADESH)
7. MATHRABAI D/O DAULATRAM, AGED ABOUT 62
Y E A R S , VILLAGE BARBATPUR TAHSIL
GAUHARGANJ, DISTT. RAISEN (MADHYA
PRADESH)
8. SAUMTIBAI D/O DAULATRAM, AGED ABOUT 42
Y E A R S , VILLAGE BARBATPUR TAHSIL
GAUHARGANJ, DISTT. RAISEN (MADHYA
PRADESH)
9. MUNNIBAI W/O LATE SHANKARLAL VILLAGE
BARBATPUR TAHSIL GAUHARGANJ , DISTT.
RAISEN (MADHYA PRADESH)
10. KAILASH S/O LATE SHANKARLAL VILLAGE
BARBATPUR TAHSIL GAUHARGANJ , DISTT.
RAISEN (MADHYA PRADESH)
11. SHERSINGH S/O LATE SHANKARLAL VILLAGE
BARBATPUR TAHSIL GAUHARGANJ , DISTT.
RAISEN (MADHYA PRADESH)
12. GYANSINGH S/O LATE SHANKARLAL VILLAGE
BARBATPUR TAHSIL GAUHARGANJ , DISTT.
RAISEN (MADHYA PRADESH)
13. RAGHUVEER SINGH S/O LATE SHANKARLAL
VILLAGE BARBATPUR TAHSIL GAUHARGANJ ,
DISTT. RAISEN (MADHYA PRADESH)
14. HARIBAI W/O LATE POORAN LAL VILLAGE
BARBATPUR TAHSIL GAUHARGANJ , DISTT.
RAISEN (MADHYA PRADESH)
15. KALIBAIL D/O LATE POORAN LAL VILLAGE
BARBATPUR TAHSIL GAUHARGANJ , DISTT.
RAISEN (MADHYA PRADESH)
16. RAKESH S/O LATE POORAN LAL VILLAGE
BARBATPUR TAHSIL GAUHARGANJ , DISTT.
RAISEN (MADHYA PRADESH)
17. SUNIL S/O LATE POORAN LAL VILLAGE
Signature Not Verified
Signed by: SWETA SAHU
Signing time: 5/15/2024
5:18:23 PM
3
BARBATPUR TAHSIL GAUHARGANJ , DISTT.
RAISEN (MADHYA PRADESH)
18. AASHAWATI D/O LATE POORAN LAL, AGED
ABOUT 16 YEARS, OCCUPATION: MINOR
NATURAL GUARDIAN MOTHER HARIBAI
VILLAGE BARBATPUR TAHSIL GAUHARGANJ ,
DISTT. RAISEN (MADHYA PRADESH)
19. ANIL S/O LATE POORAN LAL, AGED ABOUT 12
Y E A R S , OCCUPATION: MINOR NATURAL
GUARDIAN MOTHER HARIBAI VILLAGE
BARBATPUR TAHSIL GAUHARGANJ , DISTT.
RAISEN (MADHYA PRADESH)
20. COLLECTOR THE STATE OF MADHYA PRADESH
RAISEN (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI A.K. CHAKRAVERTI - ADVOCATE)
Th is appeal coming on for hearing this day, t h e court passed the
following:
ORDER
This misc. appeal has been preferred by appellants/defendants
challenging the judgment and decree of remand dtd.20.02.2017 passed by Distt.
Judge, Raisen in RCA No.1900060/2016 reversing the judgment and decree
dtd.29.06.2016 passed by Second Civil Judge Class-II, Raisen in civil suit
No.1000009/2016 whereby trial court dismissed respondents/plaintiffs' suit for
declaration of title, permanent injunction and partition of agriculture lands on the
ground of resjudicata without recording evidence, which has been set aside by
first appellate court and matter has been remanded for decision of civil suit
afresh after recording evidence of the parties.
2. After arguments at length learned counsel for the appellants/defendants
in the light of decision of Hon'ble Supreme Court in the case of Srihari
Hanumandas Totala vs. Hemant Vithal Kamat and others (2021) 9 SCC 99
prays for withdrawal of this misc. appeal with liberty to raise all the grounds of
this misc. appeal at appropriate stage of the civil suit.
3. Prayer being reasonable is accepted and this misc. appeal is permitted
to be withdrawn and is hereby disposed off with the aforesaid liberty.
4 . It is made clear that trial court shall decide the civil suit on its own
merits without being influenced by any of the findings recorded in the impugned
orders.
5. Misc. application(s), pending if any, shall stand closed.
(DWARKA DHISH BANSAL)
JUDGE
ss
