Madhya Pradesh High Court
Raja @ Rajesh Kushwaha (Patel) vs Arun Kumar (Dead) Thr. Lrs. Smt. ... on 22 May, 2024
Author: Achal Kumar Paliwal
Bench: Achal Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE ACHAL KUMAR PALIWAL
ON THE 22 nd OF MAY, 2024
CIVIL REVISION No. 304 of 2015
BETWEEN:-
1. RAJA @ RAJESH KUSHWAHA (PATEL) S/O SHRI
LATE LAKHAN PATEL, AGED ABOUT 22 YEARS,
VILL. GOURJHAMAR TEH. DEORI DISTT. SAGAR
(MADHYA PRADESH)
2. NAVEEN KUSHWAHA S/O SHRI LATE LAKHAN
PATEL VILLAGE GOURJHAMAR, TEHSIL DEORI
(MADHYA PRADESH)
3. CHANDABI@SANTOSHRANI W/O SHRI LATE
LAKHAN PATEL VILLAGE GOURJHAMAR, TEHSIL
DEORI (MADHYA PRADESH)
4. MUNNA KHAN S/O SHRI MUNSHI KHAN, AGED
ABOUT 50 YEARS, VILLAGE GOURJHAMAR,
TEHSIL DEORI (MADHYA PRADESH)
5. KARIM KHAN S/O SHRI N.M. KHAN, AGED ABOUT
52 YEARS, VILLAGE GOURJHAMAR, TEHSIL
DEORI (MADHYA PRADESH)
6. KOMAL LAKHERA S/O SHRI GHANSHYAM
LAKHERA, AGED ABOUT 45 YEARS, VILLAGE
GOURJHAMAR, TEHSIL DEORI (MADHYA
PRADESH)
.....PETITIONERS
(BY SHRI RAKESH KUMAR JAIN - ADVOCATE )
AND
1. ARUN KUMAR (DEAD) THR. LRS.
1(i) SMT. SHRADDHA W/O LATE ARUN KUMAR VILL.
GOURJHAMAR TEH. DEORI DISTT. SAGAR
(MADHYA PRADESH)
1(ii) SHASHIKANT S/O LATE ARUN KUMAR VILLAGE
GOURJHAMAR, TEHSIL DEORI (MADHYA
Signature Not Verified
Signed by: SARSWATI
MEHRA
Signing time: 5/25/2024
2:30:03 PM
2
PRADESH)
1(iii) RAVIKANT S/O LATE ARUN KUMAR VILLAGE
GOURJHAMAR, TEHSIL DEORI (MADHYA
PRADESH)
1(iv) SMT. KIRAN D/O LATE ARUN KUMAR VILLAGE
GOURJHAMAR, TEHSIL DEORI (MADHYA
PRADESH)
2. KASHINATH S/O SHRI VISHWANATH SANDIYE,
AGED ABOUT 62 YEARS, BOTH ARE VILLAGE
GOURJHAMAR, TEHSIL DEORI, DISTRICT SAGAR
(MADHYA PRADESH)
3. SHIKHAR CHAND JAIN S/O SHIR BHAIYALAL JAIN
VILLAGE GOURJHAMAR, TEHSIL DEORI
(MADHYA PRADESH)
4. CHITTAR SEN S/O SHRI RAGHUVAR SEN, AGED
ABOUT 35 YEARS, VILLAGE GOURJHAMAR,
TEHSIL DEORI (MADHYA PRADESH)
5. RUPA BASOR S/O SHRI BACHULAL BASORE,
AGED ABOUT 26 YEARS, VILLAGE GOURJHAMAR,
TEHSIL DEORI (MADHYA PRADESH)
6. BALRAM SEN S/O SHRI PHULLU SEN, AGED
ABOUT 35 YEARS, VILLAGE GOURJHAMAR,
TEHSIL DEORI (MADHYA PRADESH)
7. CHANDRASHEKHAR@ CHANDRABHAN (DEAD)
LRS.
7(a) SMT. RADHA RANI @ CHANDA BAI W/O LATE
CHAN D R ASHEKHAR VILLAGE GOURJHAMAR,
TEHSIL DEORI (MADHYA PRADESH)
7(b). BRAJESH S/O CHANDRASHEKHAR VILLAGE
GOURJHAMAR, TEHSIL DEORI (MADHYA
PRADESH)
7(c). SANJAY S/O CHANDRASHEKHAR VILLAGE
GOURJHAMAR, TEHSIL DEORI (MADHYA
PRADESH)
7(d). SANDHYA D/O CHANDRASHEKHAR VILLAGE
GOURJHAMAR, TEHSIL DEORI (MADHYA
PRADESH)
Signature Not Verified
Signed by: SARSWATI
MEHRA
Signing time: 5/25/2024
2:30:03 PM
3
7(e). TINKO D/O CHANDRASHEKHAR VILLAGE
GOURJHAMAR, TEHSIL DEORI (MADHYA
PRADESH)
8. LAXMI NARYAN VYAS S/O NOT MENTION, AGED
ABOUT 45 YEARS, OCCUPATION: KELWAS WALE
DUKANDAR NOT MENTION (MADHYA PRADESH)
9. MOHAN SINGH(DEAD) LRS.
9(a) SMT JAMUNA BAI W/O LATE MOHAN SINGH
LODHI, AGED ABOUT 45 YEARS, JHUNKU WARD
DEORI DISTT. SAGAR (MADHYA PRADESH)
9(b). GUDDU S/O LATE MOHAN SINGH LODHI, AGED
ABOUT 27 YEARS, JHUNKU WARD DEORI DISTT.
SAGAR (MADHYA PRADESH)
9(c). PAWAN S/O LATE MOHAN SINGH LODHI, AGED
ABOUT 25 YEARS, JHUNKU WARD DEORI DISTT.
SAGAR (MADHYA PRADESH)
9(d). HALLE S/O LATE MOHAN SINGH LODHI, AGED
ABOUT 18 YEARS, JHUNKU WARD DEORI DISTT.
SAGAR (MADHYA PRADESH)
9(e). DEEPAK S/O LATE MOHAN SINGH LODHI, AGED
ABOUT 12 YEARS, JHUNKU WARD DEORI DISTT.
SAGAR (MADHYA PRADESH)
9(f). MEENA S/O LATE MOHAN SINGH LODHI, AGED
ABOUT 26 YEARS, JHUNKU WARD DEORI DISTT.
SAGAR (MADHYA PRADESH)
9(g). BABLI D/O MOHAN SINGH LODHI, AGED ABOUT
26 YEARS, JHUNKU WARD DEORI DISTT. SAGAR
(MADHYA PRADESH)
10. LAKHAN S/O TIKARAM PATEL, AGED ABOUT 25
YEARS, VILLAGE GOURJHAMAR, TEHSIL DEORI
(MADHYA PRADESH)
11. BALI S/O CHHIKODI KHATIK, AGED ABOUT 43
YEARS, VILLAGE GOURJHAMAR, TEHSIL DEORI
(MADHYA PRADESH)
12. NARAYAN PATEL S/O SHRI NATHURAM PATEL,
AGED ABOUT 21 YEARS, VILLAGE GOURJHAMAR,
TEHSIL DEORI (MADHYA PRADESH)
Signature Not Verified
Signed by: SARSWATI
MEHRA
Signing time: 5/25/2024
2:30:03 PM
4
13. KANCHHEDI S/O SHRI NANHE BHAI DHEEMAR,
AGED ABOUT 40 YEARS, VILLAGE GOURJHAMAR,
TEHSIL DEORI (MADHYA PRADESH)
14. GULAB (DEAD) LRS,
14(a) SMT. SIYARANI W/O LATE GULAB KORI, AGED
ABOUT 50 YEARS, VILLAGE GOURJHAMAR,
TEHSIL DEORI (MADHYA PRADESH)
b. GANESH S/O LATE GULAB KORI, AGED ABOUT 30
YEARS, VILLAGE GOURJHAMAR, TEHSIL DEORI
(MADHYA PRADESH)
c. MAKKHAN S/O LATE GULAB KORI, AGED ABOUT
28 YEARS, VILLAGE GOURJHAMAR, TEHSIL
DEORI (MADHYA PRADESH)
d. SANTAN S/O LATE GULAB KORI, AGED ABOUT 20
YEARS, VILLAGE GOURJHAMAR, TEHSIL DEORI
(MADHYA PRADESH)
e. HARGOVIND S/O LATE GULAB KORI, AGED
ABOUT 24 YEARS, VILLAGE GOURJHAMAR,
TEHSIL DEORI (MADHYA PRADESH)
f. TULSI S/O LATE GULAB KORI, AGED ABOUT 22
YEARS, VILLAGE GOURJHAMAR, TEHSIL DEORI
(MADHYA PRADESH)
g. LAXMAN S/O LATE GULAB KORI, AGED ABOUT 20
YEARS, VILLAGE GOURJHAMAR, TEHSIL DEORI
(MADHYA PRADESH)
h. RAJESH S/O LATE GULAB KORI, AGED ABOUT 18
YEARS, VILLAGE GOURJHAMAR, TEHSIL DEORI
(MADHYA PRADESH)
(i). SHAILENDRA S/O LATE GULAB KORI, AGED
ABOUT 16 YEARS, OCCUPATION: MINORS
THROUGH NATURAL GUARDIAN MOTHER
SIYARANI VILLAGE GOURJHAMAR, TEHSIL
DEORI (MADHYA PRADESH)
(j). SUNITA D/O LATE GULAB KORI, AGED ABOUT 14
Y E A R S , OCCUPATION: MINORS THROUGH
NATURAL GUARDIAN MOTHER SIYARANI
VILLAGE GOURJHAMAR, TEHSIL DEORI
(MADHYA PRADESH)
(k). SANGITA D/O LATE GULAB KORI, AGED ABOUT 12
Signature Not Verified
Signed by: SARSWATI
MEHRA
Signing time: 5/25/2024
2:30:03 PM
5
Y E A R S , OCCUPATION: MINORS THROUGH
NATURAL GUARDIAN MOTHER SIYARANI
VILLAGE GOURJHAMAR, TEHSIL DEORI
(MADHYA PRADESH)
(l). RAMMU S/O LATE GULAB KORI, AGED ABOUT 9
Y E A R S , OCCUPATION: MINORS THROUGH
NATURAL GUARDIAN MOTHER SIYARANI
VILLAGE GOURJHAMAR, TEHSIL DEORI
(MADHYA PRADESH)
15. PURUSHOTTTAM S/O BABULAL SEN, AGED
ABOUT 46 YEARS, OCCUPATION: HAIR CUTTER
VILLAGE GOURJHAMAR, TEHSIL DEORI
(MADHYA PRADESH)
16. KUNDANLAL S/O BABULLA CHOURSIYA, AGED
ABOUT 28 YEARS, VILLAGE GOURJHAMAR,
TEHSIL DEORI (MADHYA PRADESH)
17. MAHARANI@LAMXI BAI W/O GHANSHYAM
KHERA VILLAGE GOURJHAMAR, TEHSIL DEORI
(MADHYA PRADESH)
18. RAHEEM KHAN S/O NOOR MOHMMAD, AGED
ABOUT 30 YEARS, OCCUPATION: RAHLI WALE
VILLAGE GOURJHAMAR, TEHSIL DEORI
(MADHYA PRADESH)
19. GUDDU CHOURASIYA S/O RAM RATAN
CHOURSIYA, AGED ABOUT 20 YEARS, VILLAGE
GOURJHAMAR, TEHSIL DEORI (MADHYA
PRADESH)
20. SATTAR@BABLU KHAN S/O ABDUL RAHMAN,
AGED ABOUT 15 YEARS, OCCUPATION: MINORS
THROUGH THEIR FATHER ABDUL RAHMAN
VILLAGE GOURJHAMAR, TEHSIL DEORI
(MADHYA PRADESH)
21. RAM KUMAR S/O HARINARAYAN TIWARI, AGED
ABOUT 25 YEARS, OCCUPATION: READYMADE
KAPDE KI DUKAN VILLAGE GOURJHAMAR,
TEHSIL DEORI (MADHYA PRADESH)
22. LAXMNA RAJAK S/O HALKU RAJAK, AGED
ABOUT 40 YEARS, VILLAGE GOURJHAMAR,
TEHSIL DEORI (MADHYA PRADESH)
23. BHAN JODI S/O DHANDU JOGI, AGED ABOUT 25
Signature Not Verified
Signed by: SARSWATI
MEHRA
Signing time: 5/25/2024
2:30:03 PM
6
YEARS, VILLAGE GOURJHAMAR, TEHSIL DEORI
(MADHYA PRADESH)
24. KANCHHEDILAL S/O SUNDERLAL JAIN, AGED
ABOUT 45 YEARS, VILLAGE GOURJHAMAR,
TEHSIL DEORI (MADHYA PRADESH)
25. RAMESH SHARMA S/O KEDAR NATH SHARMA,
AGED ABOUT 35 YEARS, VILLAGE GOURJHAMAR,
TEHSIL DEORI (MADHYA PRADESH)
26. KAMLESH JAIN S/O GOPI CHAND JAIN, AGED
ABOUT 32 YEARS, VILLAGE GOURJHAMAR,
TEHSIL DEORI (MADHYA PRADESH)
27. RAMSEWAK S/O RAMDAYAL BILTHARE, AGED
ABOUT 45 YEARS, VILLAGE GOURJHAMAR,
TEHSIL DEORI (MADHYA PRADESH)
28. KEDARNATH SHARMA S/O JAWAHARLAL
SHARMA, AGED ABOUT 60 YEARS, VILLAGE
GOURJHAMAR, TEHSIL DEORI (MADHYA
PRADESH)
29. VINOD PANKAJ S/O SHRI MOUJILAL PANDEY,
AGED ABOUT 48 YEARS, VILLAGE GOURJHAMAR,
TEHSIL DEORI (MADHYA PRADESH)
30. ARVIND JAIN S/O PRASANN KUMAR JAIN
(GHURA), AGED ABOUT 24 YEARS, VILLAGE
GOURJHAMAR, TEHSIL DEORI (MADHYA
PRADESH)
31. PRAKASH JAIN S/O DAYALCHAND JAIN, AGED
ABOUT 45 YEARS, VILLAGE GOURJHAMAR,
TEHSIL DEORI (MADHYA PRADESH)
31(a). SATYANARAYAN S/O DURGAPRASAD TIWARI,
AGED ABOUT 23 YEARS, VILLAGE GOURJHAMAR,
TEHSIL DEORI (MADHYA PRADESH)
32. COLLECTOR THE STATE OF MADHYA PRADESH
DISTT. SAGAR (MADHYA PRADESH)
33. TEHSILDAR REHLI DISTT. SAGAR (MADHYA
PRADESH)
.....RESPONDENTS
(NONE FOR RESPONDENTS, THOUGH SERVED AND SHRI SHAILENDRA
Signature Not Verified
Signed by: SARSWATI
MEHRA
Signing time: 5/25/2024
2:30:03 PM
7
MISHRA - PANEL LAWYER )
This revision coming on for admission this day, th e court passed the
following:
ORDER
With consent of learned counsel for the petitioners, heard finally at
motion stage.
2 . Present civil revision has been filed under Section 115 of CPC
challenging order dated 15.4.2015/22.04.2014 passed in Execution Case
No.124A/97 by Executing Court (Civil Judge Class-1), Dewri District Sagar
whereby petitioner's application under Section 47 of CPC has been dismissed.
3. Learned counsel for petitioner submits that plaintiff Arun Kumar and
Kashinath filed suit (RCS No.124A/97) against various defendants, including
Lakhan Patel, Munna Khan and Maharani @ Laxmi Bai(ancestors of petitioners)
and above suit for permanent injunction, recovery of possession and for
compensation etc. was decreed on 20.12.2002. Thereafter, plaintiffs filed
execution proceeding before trial Court. Before Executing Court, petitioners
filed an application under Section 47 of CPC, on the ground that they are LRs
of dendents Lakhan Patel, Munna Khan and Maharani @ Laxmi Bai. Therefore,
they be brought on record. It is also urged that during pendency of suit Lakhan
Patel, Munna Khan and Maharani @ Laxmi Bai expired but plaintiff did not
move application for taking on record LRs of above defendants. Further, it is
also urged that petitioners are in possession of part of suit property and
possession is to be taken from them in the execution proceedings.With respect
to above learned counsel for the petitioners has relied upon Shahzada Bi and
Others Vs. Halimabi (since deceased by LRs), 2004 AIR SCW 4389. On
above grounds, it is urged that petition filed by the petitioners be allowed and
impugned order be set aside.
6. I have heard learned counsel for the petitioners and perused the record
of the case.
7 . Perusal of copy of judgment dated 20.12.2002 passed in RCS
No.124A/97 reveal that above suit has been filed by plaintiffs Arun Kumar and
Kashinath against 33 defendants, including Lakhan Patel, Munna Khan and
Maharani @ Laxmi Bai for declaration of title, permanent injuction, recovery of
possession and mense profit and it was decreed on 20.12.2002.
8. Perusal of impugned order reveal that LRs of defendants Lakhan Patel,
Munna Khan and Maharani @ Laxmi Bai have filed application under Section 47
of CPC for dismissing execution application/executing proceedings on the
ground that they are legal heirs of deceased defendents Lakhan Patel, Munna
Khan and Maharani @ Laxmi Bai.
9. Perusal of impugned order reveal that trial court has dismissed
petitioners Lakhan Patel, Munna Khan and Maharani @ Laxmi Bai's application
under Order 47 of CPC on the ground that status of deceased was that of
encroacher. Therefore, their heirs are not required to be brought on record. In
this connection, leanred Trial Court has relied upon Laxman Singh Vs. Smt.
Bhuri, 1985 MPWN 559.
10. I have gone through the judgment of Coordinate Bench Laxman
Singh (Supra) and in view of law laid down in Laxman Singh(supra), no
illegality appears to have been committed by trial Court while dismissing
petitioner's application under Section 47 of CPC. In view of above, principle
laws laid down in Shahzada Bi (supra) does not help petitioners in any way.
11. No interference required in the same, hence petition filed by the
petitioners is dismissed.
(ACHAL KUMAR PALIWAL)
JUDGE
sm
