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Madhya Pradesh High Court

Keshav Chamar (Charmakar) vs Rakesh Kumar Beohar on 9 May, 2025

Author: Dwarka Dhish Bansal

Bench: Dwarka Dhish Bansal

         NEUTRAL CITATION NO. 2025:MPHC-JBP:21974




                                                                 1                                   MP-2386-2025
                               IN     THE        HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                          BEFORE
                                        HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                                       ON THE 9 th OF MAY, 2025
                                                    MISC. PETITION No. 2386 of 2025
                                                   KESHAV CHAMAR (CHARMAKAR)
                                                             Versus
                                                 RAKESH KUMAR BEOHAR AND OTHERS
                            Appearance:
                               Shri U.K. Sharma, Senior Advocate with Shri Robin Singhai, Advocate for
                            petitioner.

                                                                   ORDER

After arguing for some time, learned counsel for the petitioner, in the light of decisions of Hon'ble Supreme Court in the case of Srihari Hanumandas Totala Vs. Hemant Vithal Kamat & Others (2021) 9 SCC 99 and in the case of Keshav Sood vs. Kirti Pradeep Sood & Ors. passed in Civil Appeal No. 5841/2023 decided on 12.09.2023, prays for withdrawal of this miscellaneous petition with liberty to raise the ground of res judicata in the written statement.

2. Prayer being reasonable is accepted and declining interference in the impugned order, this miscellaneous petition is permitted to be withdrawn and is hereby disposed off with the aforesaid liberty.

3. It is hereby observed that the issue of res judicata will remain open and learned trial Court will frame issue on res judicata , which shall be decided along with other issues.

4. Miscellaneous application(s), pending if any, shall stand closed.

(DWARKA DHISH BANSAL) JUDGE Signature Not Verified Signed by: KUMARI PALLAVI SINHA Signing time: 10-05-2025 7:44:20 PM NEUTRAL CITATION NO. 2025:MPHC-JBP:21974 2 MP-2386-2025 KPS Signature Not Verified Signed by: KUMARI PALLAVI SINHA Signing time: 10-05-2025 7:44:20 PM