Pawan vs The State Of Madhya Pradesh
2025 Latest Caselaw 3360 MP

Madhya Pradesh High Court

Pawan vs The State Of Madhya Pradesh on 27 January, 2025

Author: Vijay Kumar Shukla

Bench: Vijay Kumar Shukla

          NEUTRAL CITATION NO. 2025:MPHC-IND:2047




                                                              1                               MP-6151-2024
                              IN     THE      HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                        BEFORE
                                       HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                 ON THE 27th OF JANUARY, 2025
                                                 MISC. PETITION No. 6151 of 2024
                                                      PAWAN
                                                       Versus
                                      THE STATE OF MADHYA PRADESH AND OTHERS
                           Appearance:
                                   Shri Piyush Shrivastava - Advocate for the petitioner.

                                   Shri Shashank Sharma - P.L for the respondent/State on advance
                           notice.

                                                                  ORDER

The petitioner is challenging the order dated 2/8/2024 passed by Second District Judge, Dewas District Dewas whereby the Review petition of the order dated 21/1/2020 has been dismissed on the ground of limitation. The petitioner has filed a civil suit for relief of declaration, possession as well as permanent injunction against the respondents. The suit filed by the petitioner was dismissed by the Trial Court by judgment dated 16/4/2019.

Being aggrieved by the said judgment, the petitioner preferred first appeal before the Session Court, Dewas which has been dismissed on 21/1/2020 on the ground that the petitioner has already been granted the desired relief.

Counsel for the petitioner submits that the said order was based on the erroneous facts and therefore, the petitioner filed Review which has been dismissed on the ground of delay by the impugned order. It is argued that

NEUTRAL CITATION NO. 2025:MPHC-IND:2047

2 MP-6151-2024 when the order dated 21/1/2020 was passed there was covid and for the said reason, the petitioner did not participate in the proceedings and also could not contact his Advocate for the bonafide reasons.

Counsel for the State supports the order and submits that there is a delay of 1 years 9 months in filing of the petition. It is submitted that the appellate Court has rightly rejected the application for condonation of delay as there was no Covid in the month of January, 2020 as was stated in the application. Further, the petitioner has failed to explain each day delay.

After hearing learned counsel for the parties and considering the fact that the petitioner has filed a suit for declaration of title, possession and permanent injunction which has been dismissed by the trial Court and after the said order the appeal was preferred which has been dismissed on the

ground of delay. If the impugned order is not set aside, it would cause great prejudice to the petitioner and his right to file appeal of the impugned judgment shall be defeated.

Considering the same, the delay in filing the appeal is condoned, the impugned order dated 2/8/2024 is quashed. The appellate Authority is directed to decide the Review petition on merit in accordance with law and same shall not dismissed on the ground of delay.

With the aforesaid, present petition is allowed and disposed off.

(VIJAY KUMAR SHUKLA) JUDGE

PK