IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SUBODH ABHYANKAR st ON THE 1 OF MAY, 2023 MISC. PETITION No. 6145 of 2022 BETWEEN:-

1. SMT. LALITABAI @ KUSUMLATA W/O OMPRAKASH PATIDAR KULMI OCCUPATION: BUSINESS 212/B, AYODHYAPURI COLONY, KODARIYA TEH.

MHOW (MADHYA PRADESH)

2. ARJUN S/O OMPRAKASH PATIDAR OCCUPATION: BUSINESS R/O 212/B AYODHYAPURI COLONY KODARIYA TEHSIL MHOW DIST. INDORE (MADHYA PRADESH)

3. PRAVEEN AGRAWAL S/O LATE KALYANMAL AGRAWAL OCCUPATION: BUSINESS R/O CHITAR RESIDENCY KISHANGANJ TEHSIL MHOW DIST.

INDORE (MADHYA PRADESH)

.....PETITIONERS ( BY SHRI V .K. JAIN, SENIOR ADVOCATE WITH SHRI DIVYANSH LUNIYA, ADVOCATE)

AND

1. DR. SMT. SHAKUNTALA JINDAL THROUGH POWER OF ATTORNEY HUKUMCHAND JINDAL S/O LATE SHRI NANDLALJI JINDAL, AGED ABOUT 68 YEARS, OCCUPATION: ADVOCATE 41-42, MAINSTREET TEH. MHOW (MADHYA PRADESH)

2. BHASKAR MAHAJAN S/O MADHUKAR MAHAJAN OCCUPATION: SERVICE R/O HOUSE NO. AE 1068 BAJAJ TEMPO COLONY HOUSING BOARD NEAR DURGA MANDIR PITHAMPUR SECTOR 1 DIST.

DHAR (MADHYA PRADESH)

3. ALKESH S/O RAMESHCHANDRA R/O H.NO. 847 RAJEEV AWAS VIHAR INDORE (MADHYA PRADESH)

4. THE STATE OF MADHYA PRADESH COLLECTOR AND EX OFFICIO DY. SECRETARY ADMINISTRATIVE SHANKUL MOTI TAVELA INDORE (MADHYA PRADESH)

5. MOHAMMAD IQBAL SHESH S/O NASHIR SHEIKH R/O FLAT NO. B Q-3 BUNGALOW NO. 87 A.B. ROAD IN FRONT OF GIRLS SCHOOL MHOW DIST. INDORE (MADHYA PRADESH)

6. NASHRIN SHEIKH W/O MOHAMMAD IQBAL SHEIKH R/O FLAT NO. B Q-3 BUNGALOW NO. 87 A.B. ROAD IN FRONT OF GIRLS SCHOOL MHOW DIST. INDORE (MADHYA PRADESH)

7. ARISTHNEMI INFRASTRUCTURE THROUGH DIRECTOR SMT. BARKHA AGRAWAL W/O PRAVEEN AGRAWAL R/O 05 CHINAR RESIDENCY KISHANGANJ MHOW (MADHYA PRADESH)

.....RESPONDENTS ( BY SHRI VAIBHAV BHAGWAT, ADVOCATE APPEARING ON BEHALF OF ADVOCATE GENERAL[R-4].

SHRI MOHAN SHARMA, ADVOCATE AND SHRI MONESH JINDAL, ADVOCATE FOR THE RESPONDENT).

…...................................................................................................... This petition coming on for admission/orders this day, the court passed the following:

ORDER

1] This Miscellaneous Petition has been filed by the petitioners/Defendants No.1 to 3 under Article 227 of the Constitution of India against the order dated 14.11.2022, passed by the First Civil Judge, Senior Division, Dr. Ambedkar Nagar, Indore in RCSA No.8/2015 whereby, learned Judge of the Civil Court has allowed the plaintiff's/respondent No.1 application under Order 6 Rule 17 of the CPC for amendment in the plaint.

2] By impugned order dated 14.11.2023 the learned Judge of the trial court has allowed the application filed by the plaintiff/respondent No.1 under Order 6 Rule 17 of the CPC, incorporating the plaint on the basis of the Commissioner's report dated 21.10.2022.

3] Since this Court, in Miscellaneous Petition No.5367/2022 has already set aside the order dated 31.10.2022, passed by the trial to take the aforesaid Commissioner's report on record, as a necessary corollary, the amendments in the plaint sought on the basis of the said Commissioner's report are also required to be rejected. In such circumstances, the impugned order dated 14.11.2022 allowing the plaintiff/respondent No.1 to amend the plaint on the basis of the Commissioner's report 21.10.2022 is hereby set aside and the petition stands allowed.

4] Learned Judge of the trial court is also directed to expedite the matter as already directed in Miscellaneous Petition No.5367/2022.

Miscellaneous Petition stands allowed ( SUBHODH ABHYANKAR JUDGE moni MONI Digitaly signed by MONI RAJU DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=HIGH COURT OF MADHYA PRADESH BENCH INDORE, 2.5.4.20=6fb601f03d4083a3289219d85392bac3bde1be8a53 RAJU b Pr d a 8 d 0 e a s e h b , a7af5a5244844c1, postalCode=452001, st=Madhya serialNumber=3BFD07BEC0C790E4AEA8CB122D629549D10

67813B2AE8FB016F1BF08EE881126, cn=MONI RAJU Date: 2023.05.30 12:56:52 +05'30'