Smt. Sanno Khan vs Abdul Majid Khan
2024 Latest Caselaw 15179 MP

Madhya Pradesh High Court

Smt. Sanno Khan vs Abdul Majid Khan on 21 May, 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 21 st OF MAY, 2024
                                          MISC. PETITION No. 304 of 2024

                         BETWEEN:-
                         SMT. SANNO KHAN D/O LATE GONDU W/O HABIBI
                         KHAN, AGED ABOUT 46 YEARS, R/O HOUSE NO. 92,
                         WARD NO.8, NEAR KALI MANDIR, JUNNARDEO TAHSIL
                         JUNNARDEO AND DISTRICT CHHINDWARA (MADHYA
                         PRADESH)

                                                                            .....PETITIONER
                         (NONE)

                         AND
                         1.    ABDUL MAJID KHAN S/O SHEIKH BAKRIDI, AGED
                               ABOUT 60 YEARS, R/O HOUSE NO. WARD NO.8,
                               NEAR KALI MANDIR, JUNNARDEO TAHISIL
                               JUNNARDEO AND DISTRICT CHHINDWARA
                               (MADHYA PRADESH)

                         2.    SUMRAN S/O NOT KNOWN, AGED ABOUT 62
                               YEAR S, R/O WARD NO 8 JUNNARDEO TEHSIL
                               JUNNARDEO DISTRICT CHHINDWARA (MADHYA
                               PRADESH)

                         3.    YASHODA D/O BALLABAI, AGED ABOUT 38 YEARS,
                               R/O WARD     NO 8 JUNNARDEO TEHSIL
                               JUNNARDEO DISTRICT CHHINDWARA (MADHYA
                               PRADESH)

                         4.    SANGEETA D/O BALLABAI, AGED ABOUT 32
                               YEAR S, R/O WARD NO 8 JUNNARDEO TEHSIL
                               JUNNARDEO DISTRICT CHHINDWARA (MADHYA
                               PRADESH)

                         5.    KHAIRRUNISHA D/O GONDU, AGED ABOUT 55
                               YEAR S, R/O WARD NO 8 JUNNARDEO TEHSIL
                               JUNNARDEO DISTRICT CHHINDWARA (MADHYA
                               PRADESH)

                         6.    ANITA D/O BALLABAI, AGED ABOUT 35 YEARS,
Signature Not Verified
Signed by: AMIT JAIN
Signing time: 21-05-
2024 18:54:31
                                                      2
                                R/O WARD    NO 8 JUNNARDEO TEHSIL
                                JUNNARDEO DISTRICT CHHINDWARA (MADHYA
                                PRADESH)

                         7.     MAYA D/O BALLABAI, AGED ABOUT 38 YEARS,
                                R/O WARD NO 8 JUNARDEO TEHSIL JUNNARDEO
                                DISTRICT CHHIDWARA (MADHYA PRADESH)

                         8.     BALLABAI W/O SUMRAN, AGED ABOUT 58 YEARS,
                                R/O WARD     NO 8 JUNNARDEO TEHSIL
                                JUNNARDEO DISTRICT CHHINDWARA (MADHYA
                                PRADESH)

                         9.     STATE     OF  M.P.   THROUGH  COLLECTOR
                                C H H I N D WA R A DISTRICT  CHHINDWARA
                                (MADHYA PRADESH)

                                                                                      .....RESPONDENTS


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

This petition is filed by the petitioner being aggrieved of order date 23.11.2023 rejecting an application filed under Order XXI Rule 29 read with Section 151 of the Code of Civil Procedure, 1908 on behalf of the judgment debtor raising objection to the execution of judgment & decree by learned 1st Additional Judge to the Court of 1st Civil Judge Junior Division-Junnardeo, District Chhindwara after recording a specific finding that the land contained in Survey No.922/48 measuring 0.008 Hectare is still recorded in the name of the judgment debtor and her house is constructed over the said land.

I do not find any illegality in the impugned order calling for any interference in this petition.

Accordingly, this petition fails and is dismissed.

(VIVEK AGARWAL) JUDGE amit