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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE PURUSHAINDRA KUMAR KAURAV
MISC. PETITION No.3550 of 2019
Between:-
BRAJESH KUMAR, S/O SANTOSH KUMAR
JAISWAL, AGED ABOUT 39 YEARS, R/O
APNA APARTMENT, NEW INDIRA
COLONY,
BURHANPUR,
DISTRICT
BURHANDPUR (M.P.)
.....PETITIONER
(BY SHRI SANKALP KOCHAR, ADVOCATE)
AND
1.
SANTOSH KUMAR, S/O SHYAMLALJI,
AGED ABOUT 68 YEARS, R/O IN MASJID
QUARTER, KILA ROAD, DISTRICT
BURHANPUR (M.P.)
2.
SHAKUNTALA DEVI, W/O SANTOSH KUMAR,
AGED ABOUT 66 YEARS, R/O IN MASJID
QUARTER, KILA ROAD, BURHANPUR (M.P.)
3.
SMT. ARTI, W/O KAILASH JAISWAL, AGED
ABOUT 46 YEARS, D/O SANTOSH JAISWAL,
R/O SUDARSHAN COLONY, PLOT NO.8,
DEVPUR, DHULIYA (MAHARASHTRA)
4.
SMT. KAVITA, W/O VIJAY KUMAR JAISWAL,
AGED ABOUT 45 YEARS, D/O SANTOSH
JAISWAL,
R/O
NEAR
CHOURAHA,
AMRAWATI (MAHARASHTRA)
5.
ASHISH, S/O SANTOSH KUMAR JAISWAL,
AGED ABOUT 43 YEARS, R/O IN DORA
MASJID
QUARTER,
KILA
ROAD,
BURHANPUR (M.P.)
6.
SMT. RAJNI, W/O UMESH DHANESHWARI,
AGED ABOUT 41 YEARS, R/O DASHMESH
NAGAR, BEHIND JANTA NAGAR, NEAR
- 2 -
GOVINDNAGAR,
CHANDKHEDA
GANDHINAGAR, AHMADABAD (GUJRAT)
7.
SHAKUNTALA DEVI W/O SHRI SURENDRA
RAI, AGED ABOUT 65 YEARS, R/O
BUDHWARI BAZAR NEAR RAM MANDIR
CHHINDWARA (MADHYA PRADESH)
8.
ASHOK
KUMAR
S/O
LATE
SHRI
SHYAMLALJI, AGED ABOUT 65 YEARS, R/O
NAVALKHA COMPLEX BLOCK D FLAT NO 31
INDORE (MADHYA PRADESH)
9.
SMT VIDYA DEVI W/O SHRI ASHOK KUMAR
R/O NAVALKHA COMPLEX BLOCK D FLAT
NO 31 AND 32 INDORE (MADHYA PRADESH)
10.
ANIL KUMAR S/O LATE SHYAMLALJI
JAISWAL, AGED ABOUT 61 YEARS, R/O
KISHANGANJ INDRAPURI APARTMENT
MHOW DIST INDORE MP (MADHYA
PRADESH)
11.
DELIP KUMAR S/O LATE SHYAMLAL
JAISWAL, AGED ABOUT 60 YEARS, R/O 502
KANAT ROAD MHOW DISTT INDORE
(MADHYA PRADESH)
12.
SMT VANDANA W/O DILIP KUMAR, AGED
ABOUT 51 YEARS, R/O 502 KANAT ROAD
MHOW DISTT INDORE (MADHYA PRADESH)
13.
SMT SHASHI DEVI W/O SHRI AVINASH
JAISWAL, AGED ABOUT 57 YEARS, R/O
BADAWADA WADE WALE NEEMACH DISTT
NEEMACH (MADHYA PRADESH)
14.
SMT KIRAN BALA W/O SHRI HEMANT
KUMAR, AGED ABOUT 54 YEARS, R/O
VAISHALI NAGAR INDORE (MADHYA
PRADESH)
15.
SHRI
SYED
SHAKEEL, S/O SYED
SHARIFUDDIN, AGED ABOUT 43 YEARS, R/O
MOHALLA KHANKA WARD TEHSIL AND
DISTT BURHANPUR (MADHYA PRADESH)
16.
SAYED AKHTAR ALI S/O MOHAMMAD
MUZZAFFAR, AGED ABOUT 64 YEARS, R/O
MOHALLA KHANKA WARD TEHSIL AND
DISTT BURHANPUR (MADHYA PRADESH)
- 3 -
17.
TAHSINUDDIN S/O NASEEMUDDIN, AGED
ABOUT 28 YEARS, R/O MOHALLA
JAISTAMBH WARD TEHSIL AND DISTT
BURHANPUR (MADHYA PRADESH)
18.
ATEEK KHAN S/O RASHEED KHAN, AGED
ABOUT 44 YEARS, R/O MOHALLA
CHANDRAKALA TEHSIL AND DISTT
BURHANPUR (MADHYA PRADESH)
19.
MUSHTAK KHAN S/O HABIB KHAN, AGED
ABOUT 44 YEARS, R/O RAJENDRA PRASAD
WARD TEHSIL AND DISTT BURHANPUR
(MADHYA PRADESH)
20.
AKEELUDDIN S/O CHIRAGUDDIN AULIYA,
AGED ABOUT 45 YEARS, R/O MOHALLA
JAISTAMBH WARD TEHSIL AND DISTT
BURHANPUR (MADHYA PRADESH)
21.
GHULAM MEHBOOB S/O MOHAMMAD
CHIRAG, AGED ABOUT 48 YEARS, MOHALLA
JAISTAMBH WARD TEHSIL AND DISTT
BURHANPUR (MADHYA PRADESH)
22.
FAHEEM AKHTAR S/O SAYEED AHMED,
AGED ABOUT 35 YEARS, R/O MOHALLA
JAISTAMBH WARD TEHSIL AND DISTT
BURHANPUR (MADHYA PRADESH)
23.
SHAKEEL SAHAB S/O MANJLE SAHAB, AGED
ABOUT 365 YEARS, R/O MOHALLA
JAISTAMBH WARD TEHSIL AND DISTT
BURHANPUR (MADHYA PRADESH)
24.
NAGEENLAL S/O ICCHARAM, AGED ABOUT
65 YEARS, R/O ICHCHA BHAWAN VILLAGE
CHOPARA TEHSIL AND DISTT BURHANPUR
(MADHYA PRADESH)
25.
STATE OF MADHYA PRADESH THROUGH
COLLECTOR
BURHANPUR
DISTT
BURHANPUR (MADHYA PRADESH)
26.
YOGESH S/O RATILAL SHAH, R/O IN FRONT
OF GYANVARDHAN SABHAGRIH RAJPURA
BURHANPUR (MADHYA PRADESH)
....RESPONDENTS
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(SHRI VIJENDRA SINGH CHOUDHARY, ADVOCATE
FOR 1 & 2 AND SANJIV KUMAR MISHRA, ADVOCATE
FOR RESPONDENT NO.26)
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Reserved on
:
17.02.2022
Delivered on
:
26.02.2022
------------------------------------------------------------------------------------
Sankalp Kochar,Advocate General
The petitioner in the present writ petition has called in question
order dated 08.05.2019 and 02.07.2019, whereby, the trial Court has
closed the right of the petitioner-plaintiff to adduce the evidence and
has rejected the application under Order 16 Rule 3, 4 and 5 of CPC. So
far as the nature of dispute is concerned, this Court has dealt with the
same in M.P.No.3253/2019 while deciding legality of another interim
order passed by the trial Court against the petitioner, therefore, the
same are not being referred here, except those which are necessary for
the decision involved here.
The learned trial Court vide order dated 08.05.2019 has recorded
that the suit is pending since 2014 and on 18.07.2018, 08.08.2018,
16.11.2018, 20.11.2018, 14.12.2018 and 09.02.2019 opportunities to
adduce the evidence were given and on 08.05.2019 also the petitioner-
plaintiff was not in a position to inform as to who are the witnesses to
be examined by him. No list of witnesses was produced and, therefore,
the evidence of the petitioner-plaintiff was closed. The directions were
given to the defendant to produce his witnesses. Vide another order
dated 02.07.2019 the application of the petitioner-plaintiff under Order
16 Rule 3, 4 and 5 of CPC was considered where the petitioner-plaintiff
wanted to produce four more witnesses who are in his relation,
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however, it was seen by the trial Court that since the evidence of the
plaintiff was already closed, the evidence of the defendant was also
completed and hence, after hearing the matter the opportunity for
submission of the written argument was given.
Having gone through the contents of the application (Annexure
P/5) and the reasoning given by the trial Court, I do not find any scope
for interference under Article 227 of the Constitution of India. In the
instant case, the trial Court had sufficient reason to decline the prayer
of the petitioner at the fag end of the trial. Even a wrong/illegal order
need not be interfered with on mere asking or on a drop of hat {See
Shalini Shyam Shetty and another vs. Rajendra Shankar Patil1}.
In view of the aforesaid, the writ petition is dismissed.
(PURUSHAINDRA KUMAR KAURAV)
JUDGE
Jasleen
1
(2010) 8 SCC 329.
JASLEEN SINGH
SALUJA
2022.02.26 13:08:16
+05'30'
