Madhya Pradesh High Court
Choudhary Mahendra Singh vs Ganesh Chamar on 24 January, 2023
Author: Dwarka Dhish Bansal
Bench: Dwarka Dhish Bansal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
ON THE 24 th OF JANUARY, 2023
CIVIL REVISION No. 678 of 2022
BETWEEN:-
1. CHOUDHARY MAHENDRA SINGH S/O LATE
CHOUDHARY RAJENDRA SINGH, AGED ABOUT 60
YEARS, OCCUPATION: AGRICULTURIST BAKHAR
PATEL WARD KANDELI NARSINGHPUR M.P.
(MADHYA PRADESH)
2. CHOUDHARY LAXMAN SINGH S/O LATE
CHOUDHARY RAJENDRA SINGH, AGED ABOUT 62
Y E A R S , OCCUPATION: AGRICULTURIST R/O
BAKHAR PATEL WARD KANDELI NARSINGHPUR
(MADHYA PRADESH)
3. RAM PATEL S/O LATE CHOUDHARY BHUPENDRA
SINGH, AGED ABOUT 45 YEARS, OCCUPATION:
ADVOCATE R/O BAKHAR PATEL WARD KANDELI
NARSINGHPUR (MADHYA PRADESH)
4. SMT. MADHURI PATEL W/O LATE CHOUDHARY
BHUPENDRA SINGH, AGED ABOUT 69 YEARS,
OCCUPATION: HOUSE WIFE R/O BAKHAR PATEL
WARD KANDELI NARSINGHPUR (MADHYA
PRADESH)
5. SMT. YUKTI GAUR W/O SHRI ANUGRAH GAUR
D/O LATE CHOUDHARY BHUPENDRA SINGH,
AGED ABOUT 49 YEARS, OCCUPATION: HOUSE
WIFE R/O RAMNAGAR COLONY RASULIYA
HOSHANGABAD (MADHYA PRADESH)
6. SMT. MUKTI PATEL W/O SHRI PUSHPARAJ PATEL
D/O LATE CHOUDHARY BHUPENDRA SINGH,
AGED ABOUT 47 YEARS, OCCUPATION: HOUSE
WIFE R/O WARD NO. 1 GAYATRI NIWAS SATNA
(MADHYA PRADESH)
.....APPLICANTS
(NONE )
Signature Not Verified
Signed by: PRASHANT
BAGJILEWALE
Signing time: 1/25/2023
10:58:08 AM
2
AND
1. GANESH CHAMAR S/O FAGULAL CHAMAR, AGED
ABOUT 69 YEARS, OLD KAMATH WARD NEW
BHAGAT SINGH WARD, SANKAL ROAD KANDELI
NARSINGHPUR (MADHYA PRADESH)
2. CHO. RAGHAV SINGH S/O LATE AJMER SINGH,
AGED ABOUT 75 YEARS, R/O GHATPINDARAI
TEHSIL AND DISTRICT NARSINGHPUR (MADHYA
PRADESH)
3. TAH S I LD AR N AR S IN GHPUR TAHSIL OFFICE
NARSINGHPUR (MADHYA PRADESH)
4. STATE OF M.P. THROUGH COLLECTOR
NARSINGHPUR (MADHYA PRADESH)
.....RESPONDENTS
(BY MISS KAMLESH TAMRAKAR - PANEL LAWYER FOR STATE )
This revision coming on for admission this day, th e court passed the
following:
ORDER
None for the applicants.
2 . This civil revision has been preferred by the applicants/defendants challenging the order dated 22.8.2022 passed by 5th Civil Judge, Junior Division, Narsinghpur in civil suit no.19-A/22 whereby, application under Order 7 rule 11 CPC has been dismissed.
3. The suit in question has been filed by respondent 1 for declaration of title and permanent injunction claiming himself to be in possession of house for last 38-39 years. It is well settled that while deciding the application under Order 7 rule 11 CPC, the Court is required to consider only the plaint allegations and the defence raised by the defendants cannot be considered. Further, apparently on the grounds taken in the application under Order 7 Rule 11 CPC the plaint is not liable to be rejected.
Signature Not Verified Signed by: PRASHANT BAGJILEWALE Signing time: 1/25/2023 10:58:08 AM 34. Accordingly, learned Court below has not committed any illegality in passing the impugned order.
5. Resultantly, this civil revision is dismissed.
6. Interim application(s), if any, shall stand dismissed.
(DWARKA DHISH BANSAL) JUDGE pb Signature Not Verified Signed by: PRASHANT BAGJILEWALE Signing time: 1/25/2023 10:58:08 AM