Mu. Hisabiya vs Lalluram Baiswar(Died) Through His Lrs ...
2025 Latest Caselaw 6535 MP

Madhya Pradesh High Court

Mu. Hisabiya vs Lalluram Baiswar(Died) Through His Lrs ... on 22 May, 2025

Author: Anuradha Shukla

Bench: Anuradha Shukla

                                                                   1                                    SA-3422-2024
                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT JABALPUR
                                                            SA No. 3422 of 2024
                            (MU. HISABIYA AND OTHERS Vs LALLURAM BAISWAR(DIED) THROUGH HIS LRS SMT CHHOKI AND OTHERS )



                           Dated : 22-05-2025
                                 Shri Prakash Upadhyay - Senior Advocate appeared through VC with Shri
                           Ravindranath Chaturvedi - Advocate for the appellants.
                                 Shri Mayur Gulati - Panel Lawyer for the respondent No.8/State.

The case is listed on I.A. No.2733/2025 which is an application filed under Order 39 Rule 1 and 2 CPC, but after going through the application and the record

of the case, it is evident that respondent Lalluram Baiswar and others had filed a civil suit before the trial Court for declaration of their one half share in the disputed properties. The suit was decreed to that extent, but no further relief of division by partition or handing over the possession was allowed by the trial Court. This judgment was challenged by the appellants before the first appellate Court which dismissed their appeal, hence this second appeal has been filed. Evidently, no relief of possession or division by partition has ever been granted by any Court in favour of the respondents.

In the application under consideration, appellants are apprehensive that their possession may be interfered with by respondents, but the decrees passed by the

two Courts do not have any such implication as would justify their apprehension. Therefore, this Court is not inclined to entertain the application during summer vacation.

List the matter after summer vacation, 2025 .

(ANURADHA SHUKLA) V. JUDGE

2 SA-3422-2024 sjk