Mohabbat Singh Jaat vs Devendra Singh Jaat
2025 Latest Caselaw 5892 MP

Madhya Pradesh High Court

Mohabbat Singh Jaat vs Devendra Singh Jaat on 22 March, 2025

Author: Vishal Mishra

Bench: Vishal Mishra

          NEUTRAL CITATION NO. 2025:MPHC-JBP:14273




                                                              1                                MP-1410-2025
                             IN     THE      HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                         BEFORE
                                           HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                  ON THE 22nd OF MARCH, 2025
                                                MISC. PETITION No. 1410 of 2025
                                                 MOHABBAT SINGH JAAT
                                                        Versus
                                            DEVENDRA SINGH JAAT AND OTHERS
                          Appearance:
                                  Shri Kanhaiya Lal Gupta - Advocate for the petitioner.

                                  Shri Lalit Joglekar - G.A. for respondent/State.

                                                                  ORDER

Challenge is made to order dated 26.07.2024 whereby the application filed by the plaintiff/respondent under Order 18 Rule 17 of CPC for exhibiting documents on record has been allowed vide order dated 26.07.2024.

It is the case of the petitioner that a suit for declaration and injunction against the petitioner with respect to ancestral property was filed. The civil suit is at the stage of defendant evidence. Now this application has been filed

by the plaintiff seeking exhibition of certain documents and for recalling of the witnesses. The learned trial Court while deciding the application found that these documents are necessary for just and proper disposal of the civil suit, therefore, this application was allowed. This order was passed way back on 26.07.2024 and no steps have been taken for a period more than 9 months to challenge the order. The trial Court have proceeded in the matter

NEUTRAL CITATION NO. 2025:MPHC-JBP:14273

2 MP-1410-2025 thereafter.

Under these circumstances, the learned trial Court has categorically observed that the documents are necessary for just and proper disposal of the lis, therefore, this Court is not inclined to entertain the writ petition while exercising supervisory jurisdiction under Article 227 of the Constitution of India, this Court is having limited jurisdiction to check the illegality committed by the learned trial Court.

The Hon'ble Supreme Court in the case of Shalini Shyam Shetty Vs. Rajendra Shhankar Patil reported in (2010) 8 SCC 329, wherein certain guidelines have been issued by the Supreme Court, which are as under:-

"The scope of interference under Article 227 of the Constitution is limited. If order is shown to be passed by a Court having no jurisdiction, it suffers from manifest procedural impropriety o r perversity, interference can be made.

Interference is made to ensure that Courts below act within the bounds of their authority. Another view is possible, is not a ground for interference. Interference can be made sparingly for the said purpose and not for correcting error of facts and law in a routine manner."

In the backdrop of the facts and circumstances of the case and considering the judgment passed by the Hon'ble Supreme Court in the case of Shalini Shyam Shetty (supra) no relief can be extended to the petitioner.

Petition sans merits and is accordingly, dismissed.

(VISHAL MISHRA) JUDGE

Van