Madhya Pradesh High Court

Dadua Lodh vs Phoolkali on 7 July, 2025

                                                              1                                MA-4909-2025
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       MA No. 4909 of 2025
                                            (DADUA LODH AND OTHERS Vs PHOOLKALI AND OTHERS )



                           Dated : 07-07-2025
                                 Shri Kapil Rohra - Advocate for the appellant.

                                 Shri Aditya Choubey- Government Advocate for the respondent/State.

The present appeal has been filed by the appellants challenging the order dated 22.04.2025 passed in Regular Civil Appeal No. 32/2023 wherein the Lower Appellate Court while setting aside the judgment and decree dated

31.03.2023 has remanded the matter back to the Trial Court.

Learned counsel appearing for the appellants submits that the learned Appellate Court has remanded the matter back only taking into consideration that there was non-joinder of necessary parties and the suit has been decreed on technical grounds. However, as per the counsel appearing for the appellants that the learned Trial Court has passed the judgment and decree on merits as well as by deciding the other issues and, therefore, now by an order of remand, the lacuna is sought to the filled up which may not be permissible in the eyes of law.

In view of the above, issue notice on admission as well as on I.A. No. 11822/2025, an application for stay to the respondents on payment of process fee within seven working days, failing which the appeal shall stand dismissed without further reference to the Court.

Notices be made returnable within a period of four weeks. Till the next date of hearing, further proceedings of the Civil Suit No.

2 MA-4909-2025 57/2019 pending before 3rd Civil Judge, Junior Division, District Panna, dated 31.03.2023 shall remain stayed.

(AMIT SETH) JUDGE