IN THE HIGH COURT OF MADHYA PRADESH

AT GWALIOR

BEFORE

HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE

ON THE 16^th OF JANUARY, 2023

WRIT PETITION No. 927 of 2023

BETWEEN:-

1.

RAMPRAKASH SINGH SIKARWAR (DEAD) THR.

ITS LEGAL HEIRS

1. SMT. NIRMALA SIKARWAR W/O LATE SHRI

RAMPRAKASH SINGH, AGED ABOUT 62 YEARS,

NEAR PANI KI TANKI SHIVAJI NAGAR AMKHO

LASHKAR GWALIOR (MADHYA PRADESH)

2.

RAMPRAKASH

SINGH

SIKARWAR

(DEAD)

THROUGH ITS LEGAL HEIRS 2. SUDARSHAN

SINGH SIKARWAR S/O LATE SHRI RAMPRAKASH

SINGH SIKARWAR, AGED ABOUT 40 YEARS, NEAR

PANI

KI

TANKI

SHIVAJI

NAGAR

AMKHO

LASHKAR GWALIOR M.P. (MADHYA PRADESH)

.....PETITIONER

(BY SHRI K.S.TOMAR - SR.ADVOCATE WITH SHRI J.S.KAURAV -

ADVOCATE )

AND

1.

SARDAR JAI SINGH JADHAV S/O SHRI SARDAR

SINGH D.K. JADHAV R/O JAI VIHAR BAHODAPUR

GWALIOR, (MADHYA PRADESH)

2.

SARDAR DHANANJAY JADAV S/O SARDAR SHRI

D.K. JADHAV R/O JAI VIHAR BAHODAPUR

GWALIOR M.P. (MADHYA PRADESH)

3.

SMT. ASHA SIKARAWAR W/O SHRI MALKHAN

SINGH SIKARWAR D/O LATE SHRI RAMPRAKASH

SIKARWAR

R/O

PRASAD

NAGAR

HAZIRA

GWALIOR (MADHYA PRADESH)

4.

SMT. SUMAN SIKARWAR W/O SHRI MAANPAL

SINGH PAWAIYA D/O LATE SHRI RAMPRAKASH

SINGH SIKARWAR KARTAR ENCALVE, BEHIND

INDRALOK GARDEN, GUDI GUDA KA NAKA

LASHKAR GWALIOR M.P. (MADHYA PRADESH)

1

5.

SHER SINGH SIKARWAR S/O SHRI RAMPRAKASH

SINGH

SIKARWAR R/O

IN

FRONT

OF

SIDDHDHAM TEMPLE SHIVAJI NAGAR AMKHO

LASHKAR GWALIOR (MADHYA PRADESH)

6.

STATE OF MADHYA PRADESH THROUGH THE

COLLECTOR DISTRICT GWALIOR M.P. GWALIOR

M.P. (MADHYA PRADESH)

.....RESPONDENTS

(BY SHRI C.P.SINGH - GOVT. ADVOCATE ON ADVANCE NOTICE)

This petition coming on for hearing this day, the court passed the

following:

ORDER

Present petition under Article 226 of the Constitution of India has been

preferred against order dated 14.12.2022 whereby, the stay previously granted

by the Appellate Court i.e. Addl. Commissioner, has been vacated by the

impugned order just on the ground that the counsel for the petitioner/appellant

had sought time for final arguments.

Learned Sr.Advocate Shri Tomar submitted that in the appeal which is

pending before Addl. Commissioner, there was substantial question of law

involved as to whether the appeal could be maintainable against a dead person

and in that context, whether the order passed by SDO is sustainable in law and

instead of deciding the same, on a flimsy ground, stay was vacated.

A limited prayer has been made by counsel for the petitioner that if the

appellate authority is directed to decide the appeal in time bound frame while

maintaining the status quo between the parties with regard to the disputed

property, his grievance would be redressed.

Looking to the short controversy involved in the matter and innocuous

prayer made by learned Sr. counsel for the petitioner, this petition is disposed

of with a direction to the appellate authority i.e. Additional Commissioner to

2

(MILIND RAMESH PHADKE)

JUDGE

decide the appeal on merits as expeditiously as possible preferably within a

period of three weeks from the date of receipt of certified copy of this order.

Till then, the parties are directed to maintain status quo with regard to the

disputed property.

This Court makes it clear that it had not made any observation on merits

of the case.

With the aforesaid, the petition stands disposed of.

Rks

3

RAM KUMAR SHARMA

2023.01.16 19:05:32 +05'30'