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2024 Supreme(Online)(MP) 18383
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL ON THE 1st OF MARCH, 2024 MISC. PETITION No. 1181 of 2024 BETWEEN:- SMT. KARUNA GEHLOT W/O SHRI HARINARAYAN GEHLOT, AGED ABOUT 64 YEARS, OCCUPATION: HOUSEWIFE R/O HOUSE NO. 72, BAGHIRA APARTMENT, E-5, ARERA COLONY, BHOPAL (MADHYA PRADESH) .....PETITIONER (BY MS. JUNE CHOUDHARY, SENIOR ADVOCATE WITH MS. JAYALAKSHI IYER ADVOCATE) AND 1. MANIKCHAND CHOUBEY (DEAD) THROUGH LRS SURESHCHANDRA TRIPATHI S/O SHRI SHALIGRAM TRIPATHI, AGED ABOUT 77 YEARS, R/O H NO. 184, GAYATRI VIHAR, BAGHMUGALIYA BHOPAL, TEHSIL HUZUR, DISTRICT BHOPAL (MADHYA PRADESH) (A). RAMDAYAL (DEAD) THROUGH LRS. NARESH KUMAR S/O LATE SHRI RAMDAYAL, AGED ABOUT 55 YEARS, NOT MENTION (MADHYA PRADESH) (B). DINESH KUMAR S/O LATE SHRI RAMDAYAL NOT MENTION (MADHYA PRADESH) (C). (C)(I) SURESH KUMAR (DEAD) THROUGH LRS. SMT. RANI BAI W/O LATE SURESH KUMAR NOT MENTION (MADHYA PRADESH) (C) (II). SACHIN KUMAR S/O LATE SURESH KUMAR NOT MENTION (MADHYA PRADESH) 2. STATE OF MADHYA PRADESH THROUGH COLLECTOR RAISEN DISTRICT (MADHYA PRADESH) .....RESPONDENTS (BY SHRI MUKUND AGRAWAL, GOVT. ADVOCATE FOR RESPONDENT- STATE) This petition coming on for admission, this day, the court passed the following:
Jayalakshi Iyer,
ORDER
After arguments at length, learned senior counsel for the petitioner prays for withdrawal of this miscellaneous petition with liberty to file necessary objections before the executing Court.
2 . Prayer being reasonable is accepted and this miscellaneous petition is permitted to be withdrawn and is hereby disposed off with the aforesaid liberty.
3. At the same time, it is pertinent to mention here that against the order dtd. 06.01.2024 passed by 2nd Civil Judge Senior Division, Gauharganj, District Raisen in execution Case No. 1-A/2017, appeal under Order 41 Rule 8 CPC r/w Section 96 CPC dtd. 12.01.2024 has been filed before District Judge, Gauharganj, District Raisen which by passing interim/impugned order dtd.
19.02.2024 has been entertained holding it to be maintainable. 4. In the case of Masomat Narmada Devi and another vs. Ram Nandan Singh and Others AIR 1987 Patna 33 (FB), the Hon'ble Full Bench of Patna High Court in para 46 has held as under:-
- "46. To finally conclude on the primal questions formulated at the outset, the answer to question No. 1 is rendered in the negative and it is held that no appeal is now maintainable against an order under S. 47 of the Code — whether interlocutory or otherwise — after the enforcement of the amending Act."
5. In view of the aforesaid legal position, District Judge, Gauharganj, District Raisen is requested to look into the matter afresh and pass fresh order in respect of maintainability of the pending appeal in the light of the aforesaid judgment in the case of Masomat Narmada Devi (supra). 6. With the aforesaid observation, this miscellaneous petition is disposed off. 7. Pending application(s), if any, shall stand disposed off. (DWARKA DHISH BANSAL) JUDGE KPS JUDGE KPS
