Anil Kumar Tiwari vs Vikram Alias Vicky Sharma
2025 Latest Caselaw 8424 MP

Madhya Pradesh High Court

Anil Kumar Tiwari vs Vikram Alias Vicky Sharma on 25 April, 2025

Author: Dwarka Dhish Bansal

Bench: Dwarka Dhish Bansal

         NEUTRAL CITATION NO. 2025:MPHC-JBP:18903




                                                                1                            MP-1711-2025
                             IN     THE      HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                       BEFORE
                                     HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                                   ON THE 25th OF APRIL, 2025
                                                MISC. PETITION No. 1711 of 2025
                                          ANIL KUMAR TIWARI AND ANOTHER
                                                       Versus
                                       VIKRAM ALIAS VICKY SHARMA AND OTHERS
                          Appearance:
                             Shri Mohd. Aadil Usmani - Advocate for the petitioners.

                                                                    ORDER

This misc. petition has been preferred by the petitioners/plaintiffs challenging the order dated 22.03.2025 passed by IXth Civil Judge Junior Division, District Sagar in RCSA No.215/2020 whereby trial court has by the impugned order dismissed petitioners' application under Order XIV Rule 5 CPC.

2 . Learned counsel for the petitioners, taking this Court to the pleadings raised in paragraphs 8 & 11 of the plaint submits that the proposed issues are required to be framed and in absence of issues, the trial Court at

the time of final adjudication may not record any finding in that regard. With these submissions he prays for direction to the trial court for framing of proposed additional issues.

3. Heard learned counsel for the petitioners and perused the record. 4 . Instant suit has been filed for mandatory injunction seeking recovery of possession on the pleas taken in the plaint.

5 . Upon filing written statement, trial court framed certain issues on

NEUTRAL CITATION NO. 2025:MPHC-JBP:18903

2 MP-1711-2025

21.06.2022, regarding entitlement of the plaintiffs for recovery of possession. In my considered opinion the proposed issues are already covered in the issues framed by trial Court on 21.06.2022 and are not required to be framed especially at the stage of final arguments.

6. As such, this misc. petition is disposed off with the observation that while passing the final judgment in civil suit, the trial Court shall also take into consideration the proposed issues and record necessary findings on them, if there are necessary pleadings in that regard in the plaint and written statement.

7. With the aforesaid, this misc. petition stands disposed off.

8. Misc. application(s), pending if any, shall stand closed.

(DWARKA DHISH BANSAL) JUDGE

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