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HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON’BLE SMT. JUSTICE ANJULI PALO
CIVIL REVISION NO. 273 OF 2021
Between:-
Siddharth Patel
S/o Late Shri Parmanand Bhai Patel
aged about 68 years, occupation – Business
R/o 933, Gol Bazar, Jabalpur (M.P.)
…….Applicant/Defendant No. 2
(By Shri Gaurav Bhatia, Senior Counsel assisted by Shri
Devendra Chouhan, Shri Abhinav Deshwal, Shri Chaitanya
Dhruv and Shri Anurag Tiwari, Advocates)
AND
Smt. Jyotsna Devi
Widow of Late Shri Parmanand Bhai Patel
aged about 90 years at demise,
Resided at 30 Shreyas, 5th Floor,
Opposite AIR, India, Nariman Point, Mumbai
(Deceased)
……...Respondent/Plaintiff
(Since deceased)
1.
Shri Shravan Bhai Patel,
S/o Late Shri Parmanand Bhai Patel,
aged about 75 years, R/o 933, Gol Bazar,
Jabalpur (M.P.)
…………...Defendant No. 1
2.
Dr. Neena Patel
Wife of Dr. vinay Bhai Patel,
-2-
aged about 76 years,
R/o 31, Gemdiya Road, Pedar Road
Mumbai (Maharashtra)
…………...Defendant No. 3.
3.
Dr. Rupa Patel
D/o Late Shri Parmanand Bhai Patel
aged about 66 years,
R/o 30, Shreyas, 5th Floor,
Opposite Air, India, Nariman Point,
Mumbai (Maharashtra)
…………...Defendant No. 4.
4.
Dr. Sonal K. Amin
Wife of Shri Kiran Bhai Amin
aged about 71 years,
R/o 7/11, University Road
Pachpedhi, Jabalpur (M.P.)
…………...Defendant No. 5.
5.
Shri Pranav Patel
S/o Shri Shravan Bhai Patel
aged about 48 years,
R/o 933, Gol Bazar
Jabalpur (M.P.)
…………...Defendant No. 6.
6.
Kohinoor Tobacco Private Limited,
903, Mohan Lal Hargovind Das Bhawan
Gol Bazarm, Through its Directors
Shri Lalit Patel, Office-903, M.H. House,
Gol Bazar, Jabalpur (M.P.)
…………...Defendant No. 7.
7.
State of Madhya Pradesh
Through Collector, District Jabalpur
Jabalpur (M.P.)
-3-
…………...Defendant No. 8.
(Respondent No. 1 by Shri Sudhir Kumar Sharma, Advocate)
(Respondent No. 2 by Shri Kunal Vajani with Shri Devashish Sakalkar
and Shri Shubhang Tondon, Advocates)
(Respondent No. 6 by Shri Bhanu Pratap singh with Shri Ankur
Shrivastava, Advocate)
__________________________________________________________
Order reserved on
:
22.06.2022
Order passed on
:
05.07.2022
__________________________________________________________
This revision coming on for admission this day, the Court passed
the following judgment:-
O R D E R
1.
The applicant/defendant No. 2 has filed this revision being
aggrieved by order (Annexure A-20) dated 3.8.2021 passed by the
District Judge (28th), Jabalpur in R.C.S. No. 800023/2015 whereby the
applications filed by defendant No. 3 under Order 23 Rule 1A of Code of
Civil Procedure and under Order 1 Rule 10 CPC read with Section 151
CPC have been allowed permitting her to be transposed as plaintiff; the
application filed by defendant No. 7 Kohinoor Tabacco Private Limited
for dismissing the suit as abated has been dismissed and the application
-4-
filed by defendant No. 1 under Order 22 Rule 4A read with Order 22
Rule 5 CPC has been dismissed.
2.
The facts giving rise to this revision are that plaintiff Jyotsna Devi
Patel filed a suit bearing R.C.S. No. 23A/2015 on 16.4.2015 for partition
and separate possession of House No. 933, New No. 908, Gol Bazar,
Jabalpur and 1/5th share in respect of the agricultural land bearing
Survey No. 55, 64, 68, 79, 84, 118, 117/3, 119/2, 165, 167, 173/1, 172/1,
189/3, 189/1, 203/5 and 86/3 total area 60.52 hectare i.e. 149.56 acres
situated at village Baderakala, P.C. 27, Tahsil Panagar, District Jabalpur
including the houses constructed thereon against the defendants, who are
her sons, daughters and grand son. The applicant/defendant No. 1 and
defendant No. 2 are the sons, defendant Nos. 3, 4 and 5 are the daughters
of the plaintiff and defendant No. 7 is a registered company which is in
physical possession of a portion of the suit House No. 933 as bonafide
purchaser as per registered sale-deed dated 14.4.1972 executed by
Parmanand Bhai Patel and plaintiff Smt. Jyotsna Devi Patel.
3.
In the aforesaid civil suit, defendant No
