Madhya Pradesh High Court

MP/518/2024 of KUMHER SINGH KUSHWAH CORRECT NAME KUBER SINGH RAJAWAT Vs RAM PRAKASH SHARMA on 1 February 2024

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COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI

1

IN THE HIGH COURT OF MADHYA PRADESHAT GWALIORBEFORE

HON'BLE SHRI JUSTICE RAJENDRA KUMAR-IVON THE 1[st] OF FEBRUARY, 2024

MISC. PETITION No. 518 of 2024

BETWEEN:-

KUMHER SINGH KUSHWAH CORRECT NAMEKUBER SINGH RAJAWAT S/O SHRI NABAB SINGHKUSHWAH, AGED ABOUT 76 YEARS, R/O A. B.ROAD MADHVI NAGAR YADAV DHARMKANTANEAR L. S. CONVENT SCHOOL GADAI PURAGWALIOR (MADHYA PRADESH)

(SHRI SANTOSH AGRAWAL - ADVOCATE)

.....PETITIONER

AND

1.RAM PRAKASH SHARMA S/O LATE SHRIBABULAL SHARMA, AGED ABOUT 70 YEARS,R / O MIG 477 MUNICIPAL CORPORATIONHOUSE NO 034/45 NEW HOUSING BOARDMAYURBAN COLONY MORENA (MADHYAPRADESH)BABULAL SHARMA, AGED ABOUT 70 YEARS,R / O MIG 477 MUNICIPAL CORPORATIONHOUSE NO 034/45 NEW HOUSING BOARDMAYURBAN COLONY MORENA (MADHYAPRADESH)

2.MADHYA PRADESH HOUSING ANDINFRASTRUCTURE BOARD SUB DIVISIONMORENA DISTRICT MORENA THROUGH ITSESTATE OFFICERINFRASTRUCTURE BOARD SUB DIVISIONMORENA DISTRICT MORENA THROUGH ITSESTATE OFFICER

(NONE)

.....RESPONDENTS

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

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ORDER

Petitioner is aggrieved by the order dated 26.08.2022 passed by Fifth Additional Judge of First Civil judge, Junior Division, Morena, M.P.in Civil suit No.52A/2022, whereby right of the defendant to file W.S. isclosed.

Heard learned counsel for petitioner and perused the record.

Considering the entire facts and circumstances of the case, withoutcommenting upon the allegations and assertions of defendant/petitioner, itis provided that petitioner shall file his W.S. in Lower Court within 15 daysfrom today on payment of cost of Rs.5000/- in Lower Court when W.S. isfiled. Impugned order is quashed and set aside to that extent.

Petition is disposed of accordingly in the above terms.

(RAJENDRA KUMAR-IV)JUDGERohit

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