Neeraj Kumar Dubey vs Chief Municipal Officer on 1 May, 2023

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Madhya Pradesh High Court

Neeraj Kumar Dubey vs Chief Municipal Officer on 1 May, 2023

Bench: Dwarka Dhish Bansal

                                                            1
                          IN      THE     HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                   BEFORE
                                  HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                                 ON THE 1 st OF MAY, 2023
                                            MISC. PETITION No. 3187 of 2020

                         BETWEEN:-
                         1.    NEERAJ KUMAR DUBEY S/O SHRI HANUMAN
                               PRASAD DUBEY, AGED ABOUT 40 YEARS,
                               OCCUPATION: BUSINESS OF TOURS AND
                               TRAVELS SHASTRI WARD PANDURNA DIST.
                               CHHINDWARA (MADHYA PRADESH)

                         2.    PANKAJ DUBEY S/O SHRI HANUMAN PRASAD
                               DUBEY, AGED ABOUT 42 YEARS, OCCUPATION:
                               BUSINESS OF TOURS AND TRAVELS SHASTRI
                               WARD    PANDURNA   DIST.   CHHINDWARA
                               (MADHYA PRADESH)

                                                                                        .....PETITIONERS
                         (NONE)

                         AND
                         1.    CHIEF MUNICIPAL OFFICER NAGAR PALIKA
                               PARISHAD PANDURNA DIST. CHHINDWARA
                               (MADHYA PRADESH)

                         2.    PRESIDENT       NAGAR    PALIKA          PARISHAD
                               PANDURNA       DISTT. CHHINWARA          (MADHYA
                               PRADESH)

                                                                                      .....RESPONDENTS


                               This petition coming on for admission this day, th e court passed the
                         following:
                                                             ORDER

This miscellaneous petition has been preferred by the petitioners/plaintiffs challenging the order dated 07/11/2020 passed by Additional District Judge, Signature Not Verified Pandurna, District Chhindwara in Misc. Civil Appeal No.16/2020, affirming the Signed by: RASHMI RONALD VICTOR Signing time: 5/2/2023 10:32:00 AM 2 order dated 29/09/2020 passed by Civil Judge Class-I, Pandurna, District Chhindwara in Civil Suit No.100027/2014, whereby application under Order 39 Rule 1&2 read with Section 151 CPC filed by the petitioners/plaintiffs has been dismissed.

2. Perused the record.

3. Both the Courts below have found that the plaintiffs are not in possession of the suit property and even by way of making amendment, the plaintiffs themselves have brought this fact on record.

4. As the plaintiffs are not in possession of the suit property, therefore, there is no question of issuing temporary injunction in favour of the petitioners/plaintiffs.

5. Resultantly, declining interference, this miscellaneous petition fails and is hereby dismissed.

6. Interim application(s), if any, shall stand dismissed.

(DWARKA DHISH BANSAL) JUDGE RS Signature Not Verified Signed by: RASHMI RONALD VICTOR Signing time: 5/2/2023 10:32:00 AM

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Madhya Pradesh High Court