Madhya Pradesh High Court
MP/348/2024 of SMT. VIMLA SARAF Vs SHAMBOO SHANKAR on 1 February 2024
COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI
IN THE HIGH COURT OF MADHYA PRADESHAT JABALPURBEFORE
HON'BLE SHRI JUSTICE DUPPALA VENKATA RAMANAON THE 1[st] OF FEBRUARY, 2024
MISC. PETITION No. 348 of 2024
BETWEEN:-
1.SMT. VIMLA SARAF W/O SUNEEL D/O LATEBABULAL, AGED ABOUT 61 YEARS, OCCUPATION:HOUSE WIFE R/O 281 BADA BAZAAR SARAFSAGAR (MADHYA PRADESH)BABULAL, AGED ABOUT 61 YEARS, OCCUPATION:HOUSE WIFE R/O 281 BADA BAZAAR SARAFSAGAR (MADHYA PRADESH)
2.SMT. MADHU W/O LATE YOGENDRA SARAF R/O281 BADA BAZAAR SARAFA SAGAR (MADHYAPRADESH)281 BADA BAZAAR SARAFA SAGAR (MADHYAPRADESH)
3.DEWANSHU MINOR THROUGH MADHU S/O LATEYOGENDRA SARAF R/O 281 BADA BAZAARSARAFA SAGAR (MADHYA PRADESH)YOGENDRA SARAF R/O 281 BADA BAZAARSARAFA SAGAR (MADHYA PRADESH)
4.PARTH S/O LATE YOGENDRA SARAF R/O 281BADA BAZAAR SARAF SAGAR (MADHYAPRADESH)BADA BAZAAR SARAF SAGAR (MADHYAPRADESH)
5.SMT ANITA W/O LATE YOGENDRA SARAF R/O 281BADA BAZAAR SARAF SAGAR (MADHYAPRADESH)BADA BAZAAR SARAF SAGAR (MADHYAPRADESH)
6.SMT RITU W/O AJAY SONI R/O 101,102 GEETABAZAR INDORE (MADHYA PRADESH)BAZAR INDORE (MADHYA PRADESH)
7.POOJA S/O NOT MENTION R/O 281 BADA BAZAARSARAF SAGAR (MADHYA PRADESH)SARAF SAGAR (MADHYA PRADESH)
8.SMT VARSHA W/O UPENDRA RAJPOOT INDORE(MADHYA PRADESH)(MADHYA PRADESH)
9.SAURABH S/O LATE KESHAV R/O 281 BADABAZAAR SARAF SAGAR (MADHYA PRADESH)BAZAAR SARAF SAGAR (MADHYA PRADESH)
10.SMT. PRATIBHA KAPOOR W/O HARISHANKARR / O SURYAST APARTMENT INDORE (MADHYAPRADESH)R / O SURYAST APARTMENT INDORE (MADHYAPRADESH)
(BY SHRI VIVEK BADERIYA - ADVOCATE)
AND
1.SHAMBOO SHANKAR S/O LATE SHIV KUMARTAMRKAR, AGED ABOUT 80 YEARS, R/OSHAMBHU SHANKAR TAMRKAR IN FRONT OFLAXMI NARAYAN MANDIR KOTWALI ROADSAGAR (MADHYA PRADESH)TAMRKAR, AGED ABOUT 80 YEARS, R/OSHAMBHU SHANKAR TAMRKAR IN FRONT OFLAXMI NARAYAN MANDIR KOTWALI ROADSAGAR (MADHYA PRADESH)
2.LALIT S/O SHAMBHU SHANKAR, AGED ABOUT 45YEARS, R/O IM FRONT OF LAXMI NARAYANMANDIR KOTWALI ROAD CHAKARGHAT SAGAR(MADHYA PRADESH)YEARS, R/O IM FRONT OF LAXMI NARAYANMANDIR KOTWALI ROAD CHAKARGHAT SAGAR(MADHYA PRADESH)
3.RAJU S/O SHAMBHU SHANKAR R/O IN FRONT OFLAXMI NARAYAN MANDIR KOTWALI ROADCHAKARGHAT SAGAR (MADHYA PRADESH)LAXMI NARAYAN MANDIR KOTWALI ROADCHAKARGHAT SAGAR (MADHYA PRADESH)
4.UMASHANKAR S/O LATE SHIV KUMARTAMRAKAR, AGED ABOUT 65 YEARS, R/O INFRONT OF LAXMI NARAYAN MANDIR KOTWALIROAD CHAKARGHAT SAGAR (MADHYAPRADESH)TAMRAKAR, AGED ABOUT 65 YEARS, R/O INFRONT OF LAXMI NARAYAN MANDIR KOTWALIROAD CHAKARGHAT SAGAR (MADHYAPRADESH)
5.SMT. PREMLATA W/O SUNEEL GOGNA ONTORIYOR/O KANADA (OTHER)R/O KANADA (OTHER)
(NONE )
.....RESPONDENTS
This petition coming on for admission this day, the court passed the following:
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ORDER
Learned counsel for the petitioners stated that the plaintiffs filed a suit fordeclaration, recovery of possession and demolition of the illegal constructions.When the matter came up for trial, the plaintiffs did not adduce any evidenceand the plaintiffs' evidence was closed and later the defendant reported noevidence and the matter was reserved for orders, without filing the applicationbefore the trial Court seeking to reopen the matter permitting to adduceevidence, he filed the present petition before this Court.
When the Court questioned about the maintainability of the petition,learned counsel for the petitioners seeks permission to withdraw the petitionwith liberty to file appropriate application before the trial Court.
The submissions made by learned counsel for the petitioners is recordedand permission is granted to him to withdraw this petition. Accordingly, thepetition is dismissed as withdrawn with the liberty to move appropriateapplication before the trial Court.
K.S.
(DUPPALA VENKATA RAMANA)JUDGE