Smt. Ramabai vs Shri Madanlal Chourasiya
2024 Latest Caselaw 15186 MP

Madhya Pradesh High Court

Smt. Ramabai vs Shri Madanlal Chourasiya on 21 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 21 st OF MAY, 2024
                                           SECOND APPEAL No. 487 of 2020

                          BETWEEN:-
                          1.    SMT. RAMABAI W/O LATE MAHESH PRASAD
                                CHOURASIYA,   AGED    ABOUT   82 YEARS,
                                OCCUPATION: HOUSE WIFE MAHAVEER WARD
                                SEONI TEH SEONI (MADHYA PRADESH)

                          2.    SMT.DURGA BAI W/O LATE NARESH PRASAD
                                CHOURASIYA,  AGED   ABOUT  55  YEARS,
                                OCCUPATION: HOUSEWIFE MAHAVEER WARD
                                SEONI TEHSIL AND DISTT.SEONI (MADHYA
                                PRADESH)

                          3.    SMT.REKHA BAI D/O LATE MEHESH PRASAD
                                CHOURASIYA,  AGED   ABOUT  37  YEARS,
                                OCCUPATION: HOUSEWIFE MAHAVEER WARD
                                SEONI TEHSIL AND DISTT.SEONI (MADHYA
                                PRADESH)

                          4.    SMT.SUNITA BAI W/O SHIVPRASAD CHOURASIYA,
                                AGED    ABOUT      42   YEARS, OCCUPATION:
                                HOUSEWIFE MAHAVEER WARD SEONI TEHSIL
                                AND DISTT.SEONI (MADHYA PRADESH)

                          5.    SMT.UMA BAI W/O SUNIL KUMAR CHOURASIYA,
                                AGED     ABOUT    47   YEARS, OCCUPATION:
                                HOUSEWIFE MAHAVEER WARD SEONI TEHSIL
                                AND DISTT.SEONI (MADHYA PRADESH)
                                5(a) SUNIL KUMAR CHOURASIYA S/O SHRI
                                JAGESHWAR CHOURASIYA, AGED ABOUT 60
                                YEARS, R/O CHOTA FUHARA, MILONIGANJ, DR.
                                RAJENDRA PRASAD WARD, DISTRICT JABALPUR
                                (MP)


                                                                             .....APPELLANTS
                          (BY SHRI PRADEEP NAVERIA AND SHRI PRAVESH NAVERIA -
                          ADVOCATES )

                          AND
Signature Not Verified
Signed by: PRASHANT
BAGJILEWALE
Signing time: 5/21/2024
8:02:22 PM
                                                    2
                          SHRI  MADANLAL   CHOURASIYA     S/O    LATE
                          MALUKCHAND CHOURASIYA, AGED ABOUT 65 YEARS,
                          MAHAVEER WARD SEONI TEH. AND DISTT. SEONI
                          (MADHYA PRADESH)

                                                                                          .....RESPONDENT


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

This second appeal has been preferred by the appellants/plaintiffs challenging judgment and decree dated 07.12.2019 passed by 4th Addl. District Judge, Seoni, in RCA no.31A/15 affirming the judgment and decree dated 30.08.2014 passed by 1st Civil Judge Class-I, Seoni, in civil suit no.65A/12

whereby appellants/plaintiffs' suit filed for eviction on the grounds available under Section 12(1) of the M.P. Accommodation Control Act, 1961 has been dismissed holding that there is no relationship of landlord and tenant in between the parties.

2. After arguments for some time, learned counsel for the appellants/plaintiffs in the light of decision of Hon'ble Supreme Court in the case of Tribhuvanshankar vs. Amrutlal (2014) 2 SCC 788 (para 31) prays for withdrawal of this second appeal with liberty to file fresh suit for declaration of title and consequential relief(s), if any.

3. Prayer being reasonable is accepted and this second appeal is permitted to be withdrawn and is hereby disposed off with the aforesaid liberty.

4. Misc. application(s), pending if any, shall stand disposed off.

(DWARKA DHISH BANSAL) JUDGE

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