IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK AGARWAL th ON THE 14 OF MAY, 2024 MISC. PETITION No. 2569 of 2024 BETWEEN:-

SANJAY SHRIVASTAVA S/O LATE SHRI MAHESH SHRIVASTAVA R / O PATEL WARD MALGUJARI MOHALLA GADARWAR DISTRICT NARSINGH MP ( DEAD) THROUGH LEGAL REPRESENTATIV AKSHAY SHRIVASTAVA S/O LATE SANJAY SHRIVASTAVA, AGED ABOUT 29 YEARS, OCCUPATION: BUSINESS R/O PATEL WARD GADARWARA DISTRICT NARSINGHPUR (MADHYA PRADESH)

.....PETITIONER (BY SHRI ASHISH RAWAT - ADVOCATE)

AND

1. MUKESH KHAJANCHI S/O SHRI KUNJBIHARI KHAJANCHI, AGED ABOUT 52 YEARS, R/O PURANI VIDDYUT MANDAL BUILDING KE BAJU ME BHAMA WARD GADARWARA TEHSIL GADARWARA DISTRICT NARSINGHPUR (MADHYA PRADESH)

2. MANISH KHAJANCHI S/O SHRI KUNJBIHARI KHAJANCHI, AGED ABOUT 52 YEARS, R/O PURANI VIDDYUT MANDAL BUILDING KE BAJU ME BHAMA WARD GADARWARA TEHSIL GADARWARA DISTRICT NARSINGHPUR (MADHYA PRADESH)

3. ARVIND KHAJANCHI S/O SHRI SHYAMSHARAN KHAJANCHI, AGED ABOUT 68 YEARS, R/O OPPOSITE STATE BANK, GADARWARA, TEHSIL GADARWARA, DISTRICT NARSINGHPUR (MADHYA PRADESH)

4. RAVINDRA KHAJANCHI S/O SHRI SHYAMSHARAN KHAJANCHI, AGED ABOUT 56 YEAR S , R/O PURANI VIDDYUT MANDAL BUILDING KE BAJU ME BHAMA WARD GADARWARA TEHSIL GADARWARA DISTRICT Signature Not Verified Signed by: VAIBHAV NARSINGHPUR (MADHYA PRADESH)

5. NAREDNRA KUMAR S/O LAXMINARAYAN KHAJANCHI, AGED ABOUT 68 YEARS, R/O PURANI GALLA MANDI GADARWARA, TEHSIL GADARWARA, DISTRICT NARSINGHPUR (MADHYA PRADESH)

6. SHIV NARAYAN KUMAR(DEAD) THROUGH LRS SATENDRA S/O LATE SHRI SHIVNARAYAN KUMAR KHAJANCHI, AGED ABOUT 40 YEARS, R/O PURANI GALLA MANDI GADARWARA, TEHSIL GADARWARA, DISTRICT NARSINGHPUR (MADHYA PRADESH)

7. PRASANN S/O LATE SHRI SHIVNARAYAN KUMAR KHAJANCHI, AGED ABOUT 38 YEARS, R/O PURANI GALLA MANDI GADARWARA, TEHSIL GADARWARA, DISTRICT NARSINGHPUR (MADHYA PRADESH)

8. RAJENDRA S/O SHRI LAXMINARAYAN KHAJANCHI, AGED ABOUT 60 YEARS, R/O PURANI GALLA MANDI GADARWARA, TEHSIL GADARWARA, DISTRICT NARSINGHPUR (MADHYA PRADESH)

9. CHANDRAPRAKASH S/O SHRI KRISHNADAS KHAJANCHI, AGED ABOUT 70 YEARS, R/O OPPOSITE GOVERNMENT HOSPITAL GADARWARA, TEHSIL GADARWARA, DISTRICT NARSINGHPUR (MADHYA PRADESH)

10. ANAND PRAKASH S/O SHRI KRISHNADAS KHAJANCHI, AGED ABOUT 70 YEARS, R/O OPPOSITE GOVERNMENT HOSPITAL GADARWARA, TEHSIL GADARWARA, DISTRICT NARSINGHPUR (MADHYA PRADESH)

11. SHRIPRAKASH S/O SHRI KRISHNADAS KHAJANCHI, AGED ABOUT 66 YEARS, R/O OPPOSITE GOVERNMENT HOSPITAL GADARWARA, TEHSIL GADARWARA, DISTRICT NARSINGHPUR (MADHYA PRADESH)

12. SMT. SHEELADEVI W/O LATE SHRI VINOD SHRIVASTAVA, AGED ABOUT 70 YEARS, R/O PATEL WARD GADARWARA DISTRICT NARSINGHPUR (MADHYA PRADESH)

Signature Not Verified Signed by: VAIBHAV

13. RAJEEV SHRIVASTAVA S/O LATE VINOD SHRIVASTAVA, AGED ABOUT 50 YEARS, R/O PATEL WARD GADARWARA DISTRICT NARSINGHPUR (MADHYA PRADESH)

14. SANDEEP S/O LATE MAHESH SHRIVASTAVA, AGED ABOUT 55 YEARS, R/O PATEL WARD GADARWARA DISTRICT NARSINGHPUR (MADHYA PRADESH)

.....RESPONDENTS (NONE FOR THE RESPONDENTS)

This petition coming on for admission this day, the court passed the following:

ORDER

Petitioner's contention is that he has filed an application under Order 39 Rule 1 and 2 C.P.C. before the court of Civil Judge, Class-II Gadarwara in Civil Suit No. RCSA/16A/2023 on 24/04/2023 but the said court has yet not decided the application.

Accordingly, without commenting on the merits of the case, this petition can be disposed of with a direction that the learned trial court shall decide the aforesaid application on its own merits within thirty days from the date of receipt of certified copy of this order.

In above terms, the petition is disposed of.

(VIVEK AGARWAL)

JUDGE vy Signature Not Verified Signed by: VAIBHAV