[Cites 4, Cited by 0]
Madhya Pradesh High Court
Smt Shamina Bano vs Mohammed Shakir on 17 March, 2026
NEUTRAL CITATION NO. 2026:MPHC-IND:7304
1 MP-1259-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI
ON THE 17th OF MARCH, 2026
MISC. PETITION No. 1259 of 2026
SMT SHAMINA BANO AND OTHERS
Versus
MOHAMMED SHAKIR AND OTHERS
Appearance:
Shri Vishal Lashkari - Advocate for the petitioners.
Shri Mohd Sohail Chhipa, learned counsel for the respondent No. 8.
Ms. Pranjali Yajurvedi, learned PL for the respondent No.11/State.
ORDER
This petition has been preferred under Article 227 of the Constitution
of India against the order dated 18.02.2026 (Annexure P/1) passed on
application filed by the plaintiff/petitioner herein under Order 14 Rule 5 of
CPC whereby the aforesaid application for framing additional issue with
regard to the fact that in the disputed sale deeds and maps annexed thereto,
location of the sold plots is not identifiable, therefore, oral Hiba made in
favour of the plaintiff cannot be challenged.
02. Learned counsel for the petitioners submits that while Mohammad
Shakir, husband of Shaminabano and father of plaintiff No. 2, was in jail in
criminal case registered under Narcotic Drugs and Psychotropic Substances
Act, 1985, a power of attorney was fraudulently got executed by Mohammad
Aasif, respondent No. 2 and thereon land in dispute bearing survey No.
NEUTRAL CITATION NO. 2026:MPHC-IND:7304
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786/2 has been sold to various persons, therefore, Civil Suit No. 39/2018
(Smt. Shamina Bano etc. vs. Mohammad Shakir etc.) has been filed for the
various reliefs as mentioned in para-21 of the plaint. Learned counsel further
submits that vide order dated 22.01.2026 passed in M.P. No. 7351/2025,
amendment application has been allowed by this Court and thereafter
amendment has been incorporated in the plaint and thereon he proposed the
aforesaid issue by filing an application under Order 14 Rule 5 of CPC. The
issue has bearing on the suit and it is necessary for resolving the controversy
involved in the case and the same has been dismissed by impugned order
Annexure P/1. The order is bad-in-law which will adversely affect the rights
of the plaintiffs, therefore, prays for allowing the petition by setting aside the
order.
03. Learned counsel for the respondent No. 8 by drawing attention of
this Court towards Annexure P/7 (Page-99 in the compilation of the petition)
submits that necessary issues have already been framed and he has
specifically referred issue No. 3 (ब) and 3 (स) are sufficient to resolve the
controversy and taking into account the aforesaid, the learned trial Court has
dismissed the application for framing proposed additional issues which is a
tactics applied by the plaintiffs to linger on the case. He further submits that
petition is devoid of any substance and liable to be dismissed.
0 4 . Heard and considered the submissions made by learned counsel
for the parties and perused the record.
0 5 . Factual matrix has already been mentioned herein-above. The
issues framed by the learned trial Court are based on the pleadings of both
NEUTRAL CITATION NO. 2026:MPHC-IND:7304
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the parties and are sufficient to resolve the controversy involved in the case.
In this regard, issue No. 3 may be referred which is as under:-
''03-ब य द हाँ तो या ितवाद ं -1 मोह मद शा कर र ज टड मु यारनामा
दनांक 06.07.2007 एवं दनांक 26.08.2008 को शू य एवं िन भावी कराने का
अिधकार है ?
03-स या वाद गण एवं ितवाद ं -1 मोह मद शा कर मु यार क है िसयत से
ितवाद ं -2 मोह मद आिसफ ारा ितवाद ं -5 संजय के प म िन पा दत
र ज टड व य प दनांक 26.02.2008, ितवाद ं -6 अजय िसंह एवं ितवाद
ं -8 सईद एहमद के प म िन पा दत र ज टड वकय प दनांक 23.03.2008 को
शू य घो षत कराने का अिधकार है ?''
0 6 . Proposed issue which is adverting reproduced as under is not
necessary for resolving the dispute as it is already covered with issue No. 3
as mentioned herein-above. Hence, this Court is of the view that no illegality
has been committed by the learned trial Court in dismissing the application
filed on behalf of the plaintiff i.e. under Section 14 Rule 5 of CPC.
Accordingly, this petition which is devoid of any substance, fails and is
hereby dismissed. Learned trial Court after conclusion of the trial looking to
the pleadings and evidence thereon will pass judgment in accordance with
the law as early as possible.
(BINOD KUMAR DWIVEDI)
JUDGE
soumya
