Madhya Pradesh High Court
Anurag Agrawal vs Chotibai Yadav on 1 March, 2023
Author: Dwarka Dhish Bansal
Bench: Dwarka Dhish Bansal
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
ON THE 1st OF MARCH, 2023
MISCELLANEOUS PETITION NO.5245 OF 2022
BETWEEN:-
ANURAG AGRAWAL, S/O RAJNIKANT
AGRAWAL, AGED ABOUT 33 YEARS,
OCCUPATION- AGRICULTURE R/O EKTA
CHOWK NARMADAPURAM, TEHSIL AND
DISTRICT NARMADAPURAM (M.P.)
.....PETITIONER
(BY SHRI SANJAY K. AGRAWAL - ADVOCATE)
AND
1. CHOTIBAI YADAV W/O LATE KHUSILAL YADAV
OCCUPATION: AGRICULTURE GRAM
BUDHWADA TEHSIL AND DISTRICT
NARMADAPURAM (M.P.)
2. RAMCHAND YADAV S/O LATE KHUSHILAL
YADAV OCCUPATION: AGRICULTURE R/O
GRAM BUDHWADA TEHSIL AND DISTRICT
NARMADAPURAM (M.P.)
3. VISHAKHA D/O LATE KHUSHILAL YADAV
OCCUPATION: AGRICULTURE R/O GRAM
BUDHWADA TEHSIL AND DISTRICT
NARMADAPURAM (M.P.)
4. HARISHANKAR SHARMA S/O LATE SHRI
SHYAMLAL SHARMA, AGED ABOUT 45 YEARS,
OCCUPATION: COLONIZER R/O 85/11, EKTA
Signature Not Verified
Signed by: PRASHANT
BAGJILEWALE
Signing time: 3/3/2023
6:21:16 PM
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CHOWK, TEHSIL AND DISTRICT
NARMADAPURAM (M.P.)
5. STATE OF MADHYA PRADESH, THROUGH
COLLECTOR, NARMADAPURAM COLLECTOR
OFFICE KOTHI BAZAAR, NARMADAPURAM
(M.P.)
6. JAVED MOHAMMED KHAN S/O SHRI RAZZAK
MOHAMMAD KHAN, AGED ABOUT 42 YEARS,
R/O NEAR OF ANAND NAGAR SAHU CHAKKI
HOSHANGABAD (M.P.)
7. SHRI JITENDRA SINGH CHAUHAN S/O SHRI
SHYAM SINGH CHAUHAN, AGED ABOUT 31
YEARS, R/O 219, WARD NUMBER 21, PRATAP
NAGAR, RASULIA, HOSHANGABAD (M.P.)
8. SHRIMATI SUNITA RAJPUT W/O JITENDRA
SINGH CHAUHAN, AGED ABOUT 28 YEARS, R/O
219, WARD NUMBER 21, PRATAP NAGAR,
RASULIA, HOSHANGABAD (M.P.)
9. SHRI RAMESH KUMAR S/O SHRI IMARAT,
AGED ABOUT 59 YEARS, R/O AAYUDH NAGAR
ITARSI (MADHYA PRADESH)
10. SHRIMATI BHURIYA BAI W/O SHRI RAMESH
KUMAR, AGED ABOUT 52 YEARS, R/O AAYUDH
NAGAR ITARSI (MADHYA PRADESH)
11. SHRI ANKIT KUMAR MALVIYA S/O SHRI
ANTARAM MALVIYA, AGED ABOUT 29 YEARS,
R/O GLOBAL PARK HARDA BY PASS ROAD
HOSHANGABAD (MADHYA PRADESH)
12. SHRIMATI SHIVANI MALVIYA W/O SHRI ANKIT
MALVIYA, AGED ABOUT 24 YEARS, R/O
GLOBAL PARK HARDA BY PASS ROAD
HOSHANGABAD (MADHYA PRADESH)
13. SHRIMATI JYOTI BANVARI W/O SHRI MANOJ
BANWARI, AGED ABOUT 31 YEARS, R/O
Signature Not Verified
Signed by: PRASHANT
BAGJILEWALE
Signing time: 3/3/2023
6:21:16 PM
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HANUMAN NAGAR RASULIA HOSHANGABAD
(MADHYA PRADESH)
14. SHRI MANOJ BANVARI S/O SHRI MUNSHILAL
BANVARI, AGED ABOUT 43 YEARS,
BOTH ARE R/O HANUMAN NAGAR RASULIA
HOSHANGABAD (MADHYA PRADESH)
15. JITENDRA MALVIYA S/O SHRI SANTOSH
MALVIYA, AGED ABOUT 34 YEARS, R/O PILI
KHANTI HOSHANGABAD (MADHYA PRADESH)
16. SMT. MINAKSHI W/O SHRI JITENDRA
MALVIYA, AGED ABOUT 33 YEARS, R/O PILI
KHANTI HOSHANGABAD (MADHYA PRADESH)
17. YASHPAL SINGH CHAUDHARI S/O SHRI
MOHANLAL CHAUDHARI, AGED ABOUT 40
YEARS, R/O WARD NUMBER 25,VIKRAM
NAGAR, RASULIA, HOSHANGABAD (M.P.)
18. SHRI SATISH KUMAR VERMA S/O LATE SHRI
ANGAD KUMAR VERMA, AGED ABOUT 38
YEARS, R/O PRATAP NAGAR RASULIA
HOSHANGABAD (MADHYA PRADESH)
19. SMT. KRANTI VERMA W/O SHRI SATISH
KUMAR VERMA, AGED ABOUT 28 YEARS, R/O
PRATAP NAGAR RASULIA HOSHANGABAD
(MADHYA PRADESH)
20. MANISH KUMAR GAUR S/O LATE SHRI
RAMESH CHANDRA GAUR, AGED ABOUT 38
YEARS, R/O HOUSE NO. 22 WARD NO. 6
THAKUR MOHALLA SEONI MALWA (M.P.)
21. SMT. DIVYA GAUR W/O SHRI MANISH KUMAR
GAUR, AGED ABOUT 29 YEARS, R/O HOUSE NO.
22 WARD NO. 6 THAKUR MOHALLA SEONI
MALWA (MADHYA PRADESH)
22. SMT. JYOTI MEHRA W/O SHRI RAKESH
KUMAR MEHRA, AGED ABOUT 29 YEARS, R/O
Signature Not Verified
Signed by: PRASHANT
BAGJILEWALE
Signing time: 3/3/2023
6:21:16 PM
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WARD NO. 32 LASHKAR CHOWK GWALTOLI
HOSHANGABAD (MADHYA PRADESH)
23. SHRI SHIVAM SHARMA S/O SHRI RAJESH
SHARMA, AGED ABOUT 28 YEARS, R/O PRATAP
NAGAR RASULIA WARD NO. 25
NARMADAPURAM (MADHYA PRADESH)
24. SMT. RADHABAI GAUR W/O LATE SHRI RAM
NARAYAN GAUR, AGED ABOUT 60 YEARS, R/O
SAI HEAVEN CITY RASULIA NARMADA
HOSPITAL KE PASS, HOSHANGABAD (M.P.)
25. SHRI PANKAJ GAUR S/O SHRI RAM NARAYAN
GAUR, AGED ABOUT 35 YEARS, R/O SAI
HEAVEN CITY RASULIA NARMADA HOSPITAL
KE PASS, HOSHANGABAD (MADHYA PRADESH)
26. SHRI KUNAL KULSHRESHTH S/O SHRI ANAND
BIHARI KULSHRESHTH, AGED ABOUT 28
YEARS, R/O HANUMAN NAGAR RASULIA
HOSHANGABAD (MADHYA PRADESH)
27. SMT. SAPNA KULSHRESHTH W/O SHRI ANAND
BIHARI KULSHRESHTH, AGED ABOUT 48
YEARS, R/O HANUMAN NAGAR RASULIA
HOSHANGABAD (MADHYA PRADESH)
28. SHRI ANAND BIHARI KULSHRESHTH S/O LATE
SHRI RAMVILAS KULSHRESHTH, AGED
ABOUT 54 YEARS, R/O HANUMAN NAGAR
RASULIA HOSHANGABAD (M.P.)
29. SMT. AARTI CHAUDHARI W/O SHRI RAJIV
CHAUDHARI, AGED ABOUT 37 YEARS, R/O
SARASWATI NAGAR RASULIA HOSHANGABAD
(MADHYA PRADESH)
30. SHRI PRAKASH RAGHUVANSHI S/O SHRI
GULAB SINGH RAGHUVANSHI, AGED ABOUT
45 YEARS, R/O HOUSE NO. 1526/10 SAMDARIYA
COLONY, KANCHGHR, HIGH
COURT,JABALPUR (MADHYA PRADESH)
Signature Not Verified
Signed by: PRASHANT
BAGJILEWALE
Signing time: 3/3/2023
6:21:16 PM
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31. SHRI RAMSWAROOP DHURVE S/O SHRI
CHHOTELAL DHURVE, AGED ABOUT 56
YEARS, NOT MENTION (MADHYA PRADESH)
32. SMT. LAKSHMI BAI DHURVE W/O SHRI
RAMSWAROOP DHURVE, AGED ABOUT 52
YEARS, R/O AAYUDH NAGAR ITARSI (M.P.)
33. SMT. KAMNA GAUR W/O LATE SHRI ARUN
GAUR, AGED ABOUT 49 YEARS, R/O ABHISHEK
NAGAR RADHE HIGHTS JI 1-1 RASULIA
HOSHANGABAD (MADHYA PRADESH)
34. SHRI HARISHANKAR YADAV S/O SHRI BADRI
PRASAD YADAV, AGED ABOUT 39 YEARS, R/O
PRATAP NAGAR RASULIA HOSHANGABAD
(MADHYA PRADESH)
35. SMT. JAYA YADAV W/O SHRI HARI SHANKAR
YADAV, AGED ABOUT 29 YEARS, R/O PRATAP
NAGAR RASULIA HOSHANGABAD (M.P.)
36. SMT. AASHA VAISHNAV W/O SHRI VIJAY DAS
VAISHNAV, AGED ABOUT 56 YEARS, R/O WARD
NO. 5 BAJRANG MANDIR KE PASS BALAGANJ
HOSHANGABAD (MADHYA PRADESH)
37. SMT. MAYABAI SWAMI W/O PRABHU DAYAL
SWAMI, AGED ABOUT 50 YEARS, R/O WARD NO.
4 RATHORE MARG BALAGANJ
HOSHANGABAD (MADHYA PRADESH)
38. SHRI RAHUL MALVIYA S/O RAJESH MALVIYA,
AGED ABOUT 32 YEARS, R/O SARASWATI
NAGAR RASULIA HOSHANGABAD (M.P.)
39. MRS RASHMI MALVIYA W/O SHRI RAHUL
MALVIYA, AGED ABOUT 25 YEARS, R/O
SARASWATI NAGAR RASULIA HOSHANGABAD
(MADHYA PRADESH)
40. SHRI HITENDRA SINGH RAJPUT S/O GULAB
SINGH RAJPUT, AGED ABOUT 30 YEARS, R/O
Signature Not Verified
Signed by: PRASHANT
BAGJILEWALE
Signing time: 3/3/2023
6:21:16 PM
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HOUSE NO. 92 VHI GIRI WARD NO. 4 PIPARIYA
HOSHANGABAD (MADHYA PRADESH)
41. SMT. POOJA RAJPUT W/O SHRI HITENDRA
SINGH RAJPUT, AGED ABOUT 27 YEARS, R/O
HOUSE NO. 92 VHI GIRI WARD NO. 4 PIPARIYA
HOSHANGABAD (MADHYA PRADESH)
42. PALLAV DEEWAN S/O LATE SHRI MAHESH
KUMAR DEEWAN, AGED ABOUT 31 YEARS, R/O
WARD NO. 4 RAJENDRA PURA ITARSI
HOSHANGABAD (MADHYA PRADESH)
43. SMT. SAROJ BAI W/O LATE SHRI MAHESH
KUMAR DEEWAN, AGED ABOUT 59 YEARS, R/O
WARD NO. 4 RAJENDRA PURA ITARSI
HOSHANGABAD (MADHYA PRADESH)
44. SHRI KISHANLAL DUNGARIYA S/O GENDALA
DUNGARIYA, AGED ABOUT 47 YEARS, R/O
WARD NO. 20 BENGALI COLONY
HOSHANGABAD (MADHYA PRADESH)
45. SMT. ANITA YADAV W/O SHRI SHRAVAN
KUMAR YADAV, AGED ABOUT 35 YEARS, R/O
GRAM ROHANA TAHSIL HOSHANGABAD
(MADHYA PRADESH)
46. SMT. CHANDRAKALA UAIKE W/O SHRI
KAMLESH, AGED ABOUT 33 YEARS, R/O PLOT
NO. 242 WARD NO. 4 RAJKUMAR GENERAL
STORE KE PASS SUKHTAWA ITARSI (M.P.)
47. MAMTA SOLANKI W/O JITENDRA SINGH
SOLANKI, AGED ABOUT 33 YEARS, R/O
VIKRAM NAGAR RASULIA HOSHANGABAD
(MADHYA PRADESH)
48. JITENDRA SINGH SOLANKI S/O SHRI VIJAY
SINGH SOLANKI, AGED ABOUT 43 YEARS, R/O
VIKRAM NAGAR RASULIA HOSHANGABAD
(MADHYA PRADESH)
Signature Not Verified
Signed by: PRASHANT
BAGJILEWALE
Signing time: 3/3/2023
6:21:16 PM
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49. SHRI RAM VILAS SARATHE S/O SHRI BADRI
PRASAD SARATHE, AGED ABOUT 49 YEARS,
R/O VILLAGE BAIRAKHEDI POST
SAVALKHEDA TAHSIL DOLRIA DISTRICT
HOSHANGABAD (MADHYA PRADESH)
50. MRS SAVITA BHAI SARATHI W/O SHRI RAM
VILAS SARATHE, AGED ABOUT 47 YEARS, R/O
VILLAGE BAIRAKHEDI POST SAVALKHEDA
TAHSIL DOLRIA DISTRICT HOSHANGABAD
(MADHYA PRADESH)
51. SHRI PREM NARAYAN VISHWAKARMA S/O
SHRI RAGHUNATH VISHWAKARMA, AGED
ABOUT 59 YEARS, RESIDENCY GWALTOLI
WARD NUMBER 30 HOSHANGABAD (M.P.)
52. SHRI RAHUL SHARMA S/O SHRI KRISHNA
SHARMA, AGED ABOUT 30 YEARS, RESIDENCY
AADARSH NAGAR HOUSING BOARD COLONY
HOSHANGABAD (MADHYA PRADESH)
53. MRS SONAL SHARMA W/O SHRI RAHUL
SHARMA, AGED ABOUT 29 YEARS, RESIDENCY
AADARSH NAGAR HOUSING BOARD COLONY
HOSHANGABAD (MADHYA PRADESH)
54. MRS. SONIA JATAV W/O SHRI MAHESH
CHANDRA JATAV, AGED ABOUT 32 YEARS, R/O
MAHIMA NAGAR SPM HOSHANGABAD
(MADHYA PRADESH)
55. MRS. ANOKHI SHROTI W/O SHRI VINOD
KUMAR SHROTI, AGED ABOUT 52 YEARS, R/O
DAMADIA POST CHATARKHEDA TEHSIL
SEONI MALWA DISTRICT HOSHANGABAD
(MADHYA PRADESH)
56. SHRI BHAVISHYA SHROTI S/O SHRI VINOD
KUMAR SHROTI, AGED ABOUT 29 YEARS, R/O
DAMADIA POST CHATARKHEDA TEHSIL
SEONI MALWA DISTRICT HOSHANGABAD
(MADHYA PRADESH)
Signature Not Verified
Signed by: PRASHANT
BAGJILEWALE
Signing time: 3/3/2023
6:21:16 PM
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57. SHRI YOGESH KUMAR BHATT S/O SHRI
SHIVKANT BHATT, AGED ABOUT 39 YEARS,
R/O ABHISHEK NAGAR RASULIYA
HOSHANGABAD (MADHYA PRADESH)
58. MRS SHIVANI BHATT W/O SHRI YOGESH
KUMAR BHATT, AGED ABOUT 29 YEARS, R/O
ABHISHEK NAGAR RASULIYA HOSHANGABAD
(MADHYA PRADESH)
59. SHRI LAKHAN PAROLKAR S/O ISHWARLAL
PAROLKAR, AGED ABOUT 43 YEARS, R/O
WARD NUMBER 33 SANJAY NAGAR GWALTOLI
HOSHANGABAD (MADHYA PRADESH)
60. MRS KIRTI CHAURE W/O SHRI ASHOK
CHAURE, AGED ABOUT 31 YEARS, R/O
HANUMAN NAGAR RASULIA HOSHANGABAD
(MADHYA PRADESH)
61. MRS VIDYA CHOUDHARY W/O SHRI RAJESH
CHOUDHARY, AGED ABOUT 44 YEARS, R/O
VILLAGE BYAVARA TAHSIL AND DISTRICT
HOSHANGABAD (MADHYA PRADESH)
62. MRS REKHA CHAURE W/O SHRI SURENDRA
CHAURE, AGED ABOUT 46 YEARS, R/O
MALVIYA COLONY BHARTI ITARSI
HOSHANGABAD (MADHYA PRADESH)
63. MRS SHEETAL PAROLKAR W/O SHRI
RAJENDRA PAROLKAR, AGED ABOUT 32
YEARS, R/O WARD NO. 33 SANJAY NAGAR
GWALTOLI HOSHANGABAD (M.P.)
64. MRS SHIVA NAGVANSHI W/O RUKMESH
NAGVANSHI, AGED ABOUT 32 YEARS, R/O
VILLAGE BUDHWARA TEHSIL AND DISTRICT
HOSHANGABAD (MADHYA PRADESH)
65. SHRI SHRAVAN KUMAR YADAV S/O LATE SHRI
CHHOTE LAL YADAV, AGED ABOUT 40 YEARS,
Signature Not Verified
Signed by: PRASHANT
BAGJILEWALE
Signing time: 3/3/2023
6:21:16 PM
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R/O VILLAGE RAHANA TAHSIL AND DISTRICT
HOSHANGABAD (MADHYA PRADESH)
66. SHRI VIJAY SINGH RAJPUT S/O PRATAP SINGH
RAJPUT, AGED ABOUT 28 YEARS, R/O PRATAP
NAGAR RASULIA HOSHANGABAD (M.P.)
67. MRS MONIKA RAJPUT W/O SHRI VIJAY SINGH
RAJPUT, AGED ABOUT 27 YEARS, R/O PRATAP
NAGAR RASULIA HOSHANGABAD (M.P.)
68. SHRI ASHOK PALIWAL S/O SHRI NANDLAL
PALIWAL, AGED ABOUT 55 YEARS, R/O WARD
NUMBER 23, MARUTI NAGAR, RASULIA
HOSHANGABAD (MADHYA PRADESH)
69. SHRI SHUBHANG SHARMA S/O SHRI RAJESH
SHARMA, AGED ABOUT 34 YEARS, R/O 11 LEN
ITARSI HOSHANGABAD (MADHYA PRADESH)
70. SHRI RAKESH RAJPUT S/O MANOHAR SINGH
RAJPUT, AGED ABOUT 29 YEARS, R/O VILLAGE
ROHANA TAHSIL AND DISTRICT
HOSHANGABAD (MADHYA PRADESH)
71. SHRI MAYANK CHAUHAN S/O RADHESHYAM
CHAUHAN, AGED ABOUT 90 YEARS, R/O
VILLAGE ROHANA TAHSIL AND DISTRICT
HOSHANGABAD (MADHYA PRADESH)
72. SHRI RAKESH RAJPUT S/O SHRI KAMAL
SINGH RAJPUT, AGED ABOUT 37 YEARS, R/O
VILLAGE PAGDHAL POST PAGDHAL TAHSIL
SEONI MALWA DISTRICT HOSHANGABAD
(MADHYA PRADESH)
73. DWARKA PRASAD VISHWAKARMA S/O
MUNSHILAL VISHWAKARMA, AGED ABOUT 55
YEARS, R/O BEHIND OF MAHINDRA
SHOWROOM GAUTAM NAGAR RASULIYA
HOSHANGABAD (MADHYA PRADESH)
74. RAKESH RAJPUT S/O SHRI MANOHAR SINGH
RAJPUT, AGED ABOUT 31 YEARS, R/O VILLAGE
Signature Not Verified
Signed by: PRASHANT
BAGJILEWALE
Signing time: 3/3/2023
6:21:16 PM
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ROHANA TAHSIL AND DISTRICT
HOSHANGABAD (MADHYA PRADESH)
75. SHRI MAYANK CHAUHAN S/O SHRI RADHE
SHYAM CHAUHAN, AGED ABOUT 21 YEARS,
R/O VILLAGE ROHANA TAHSIL AND DISTRICT
HOSHANGABAD (MADHYA PRADESH)
76. SHRI SANJAY GAUR S/O LATE SHRI AJIT
GAUR, AGED ABOUT 18 YEARS, R/O PRATAP
NAGAR RASULIA HOSHANGABAD (M.P.)
77. SHRI VINOD KUMAR RAJORIYA S/O LATE SHRI
SHADILAL RAJORIYA, AGED ABOUT 43 YEARS,
R/O VILLAGE BUDHWARA TAHSIL AND
DISTRICT HOSHANGABAD (M.P.)
78. PARAM SUKH GARHWAL S/O SHREE
DINDAYAL GARHWAL, AGED ABOUT 48 YEARS,
R/O VILLAGE MISROD HOUSE NUMBER 229
NEAR OF SOCIETY WARD NUMBER 15 TEHSIL
DOLRIA DISTRICT HOSHANGABAD (M.P.)
79. MRS REKHA GARHWAL W/O PARAM SUKH
GARHWAL, AGED ABOUT 42 YEARS, R/O
VILLAGE MISROD HOUSE NUMBER 229 NEAR
OF SOCIETY WARD NUMBER 15 TEHSIL
DOLRIA DISTRICT HOSHANGABAD (M.P.)
80. SHRI DEEPAK BHATT S/O JITENDRA BHATT,
AGED ABOUT 54 YEARS, R/O WARD NUMBER 25
PRATAP NAGAR RASULIA HOSHANGABAD
(MADHYA PRADESH)
81. MRS REKHA BHATT W/O SHRI DEEPAK BHATT,
AGED ABOUT 49 YEARS, R/O WARD NUMBER 25
PRATAP NAGAR RASULIA HOSHANGABAD
(MADHYA PRADESH)
82. SHRI SHUBHAM RAJPUT S/O SHRI AMAR
SINGH RAJPUT, AGED ABOUT 25 YEARS,
RESIDENCY VILLAGE DHABA KALA POST
Signature Not Verified
Signed by: PRASHANT
BAGJILEWALE
Signing time: 3/3/2023
6:21:16 PM
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DHABA KHURD TAHSIL DHOLRIYA DISTRICT
HOSHANGABAD (MADHYA PRADESH)
83. LAKSHMI SHARAN FAUJDAR S/O SHRI RSS
FAUJDAR, AGED ABOUT 34 YEARS, RESIDENCY
WARD NUMBER 21 RAGHAV NAGAR RASULIA
HOSHANGABAD (MADHYA PRADESH)
84. MRS BHARTI FAUJDAR W/O SHRI LAKSHMI
SHARAN FAUJDAR, AGED ABOUT 31 YEARS,
RESIDENCY WARD NUMBER 21 RAGHAV
NAGAR RASULIA HOSHANGABAD (M.P.)
85. MANJU GAUR W/O SHRI PAWAN GAUR, AGED
ABOUT 33 YEARS, RESIDENCY VILLAGE POST
MISROD TAHSIL DOLRIA DISTRICT
HOSHANGABAD (MADHYA PRADESH)
86. LALIT GAUR S/O SHRI ASHOK KUMAR GAUR,
AGED ABOUT 33 YEARS, RESIDENCY
QUARTER NUMBER 3 501 TYPE C AYUDH
NAGAR ITARSI HOSHANGABAD (M.P.)
87. VIKAS GAUR S/O SHRI ASHOK KUMAR GAUR,
AGED ABOUT 30 YEARS, RESIDENCY
QUARTER NUMBER 3 501 TYPE C AYUDH
NAGAR ITARSI HOSHANGABAD (M.P.)
88. SHIVANI SHUKLA JOSHI W/O PRIYESH JOSHI,
AGED ABOUT 32 YEARS, RESIDENCY 94
CHOURE GALI KOTHI BAJAR HOSHANGABAD
(MADHYA PRADESH)
89. RAJNI NIRANJAN W/O SHRI PRADESH
NIRANJAN, AGED ABOUT 33 YEARS,
RESIDENCY VIKRAM NAGAR RASULIA
HOSHANGABAD (MADHYA PRADESH)
90. ROHIT RAJPUT S/O SHRI SS RAJPUT, AGED
ABOUT 33 YEARS, RESIDENCY SARASWATI
NAGAR RASULIA HOSHANGABAD (M.P.)
91. MRS. KALPANA RAJPUT W/O SHRI ROHIT
RAJPUT, AGED ABOUT 29 YEARS, RESIDENCY
Signature Not Verified
Signed by: PRASHANT
BAGJILEWALE
Signing time: 3/3/2023
6:21:16 PM
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SARASWATI NAGAR RASULIA HOSHANGABAD
(MADHYA PRADESH)
92. BASANT KUMAR GAUR S/O LATE SHRI
RAMLAL GAUR, AGED ABOUT 51 YEARS,
RESIDENCY RAJGHAT ROAD JUMERATI
HOSHANGABAD (MADHYA PRADESH)
93. AJAY MEHRA S/O SHRU BANVARI LAL MEHRA,
AGED ABOUT 44 YEARS, RESIDENCY WARD
NUMBER 3 TAVANAGAR RANIPUR TAHSIL
ITARSI DISTRICT HOSHANGABAD (M.P.)
94. MRS ANNPURNA MEHRA W/O SHRI AJYA
MEHRA, AGED ABOUT 40 YEARS, RESIDENCY
WARD NUMBER 3 TAVANAGAR RANIPUR
TAHSIL ITARSI DISTRICT HOSHANGABAD
(MADHYA PRADESH)
95. SHAILESH THAKUR S/O SHRI ASHOK KUMAR
THAKUR, AGED ABOUT 30 YEARS, RESIDENCY
AYUDH NIRMAN ITARSI HOSHANGABAD
(MADHYA PRADESH)
96. PRAVEEN KUMAR TIWARI S/O KRISHNA
KUMAR TIWARI, AGED ABOUT 48 YEARS,
RESIDENCY 29 HARSH NAGAR ITI ROAD
HOSHNAGABAD (MADHYA PRADESH)
97. RAJENDRA KUMAR TIWARI S/O RAMESHWAR
PRASAD TIWARI, AGED ABOUT 65 YEARS, NOT
MENTION (MADHYA PRADESH)
98. MRS. SWARNALATA TIWARI W/O SHRI
RAJENDRA KUMAR TIWARI, AGED ABOUT 63
YEARS, RESIDENCY AYUDH NAGAR ITARSI
TAHSIL ITARSI DISTRICT HOSHANGABAD
(MADHYA PRADESH)
99. KRITIKA MEENA W/O SHRI NILESH MEENA,
AGED ABOUT 30 YEARS, RESIDENCY WARD
NUMBER 19 SHIV COLONY ITI ROAD
HOSHNAGABAD (MADHYA PRADESH)
Signature Not Verified
Signed by: PRASHANT
BAGJILEWALE
Signing time: 3/3/2023
6:21:16 PM
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100. SOMA PANDEY W/O ARVIND PANDEY, AGED
ABOUT 33 YEARS, RESIDENCY CHANDAN
NAGAR FES 2 RASULIA HOSHANGABAD
(MADHYA PRADESH)
101. NEETA THAKUR W/O SHRI SHAILESH
THAKUR, AGED ABOUT 28 YEARS, RESIDENCY
GLOBAL LAKE CITY COLONY HARDA BY PASS
HOSHANGABAD (MADHYA PRADESH)
102. ROSHAN SINGH UNKE S/O SHRI SALIGRAM,
AGED ABOUT 33 YEARS, RESIDENCY WARD
NUMBER 22 HOUSE NUMBER 1/151 S.P.M.
COLONY HOSHANGABAD (MADHYA PRADESH)
103. MRS. KUNTI UIKEY W/O SHRI SHALIGRAM
UIKEY, AGED ABOUT 67 YEARS, RESIDENCY
WARD NUMBER 22 HOUSE NUMBER 1/151
S.P.M. COLONY HOSHANGABAD(M.P.)
104. SHRI ABHISHEK DIKSHIT S/O SHRI MADAN
DIKSHIT, AGED ABOUT 38 YEARS, R/O 5-52,
AZAD WARD, NASIRABAD ROAD, BABAI,
TEHSIL BABAI, DISTRICT HOSHANGABAD
(MADHYA PRADESH)
105. MRS. KAUSHLYA BHAI W/O SHRI RAMESH
PRASAD, AGED ABOUT 46 YEARS, R/O
VILLAGE KIRMAKORIYA TEHSIL BUDHNI
DISTRICT SEHORE (MADHYA PRADESH)
106. ATUL DUBE S/O SHRI SHIVNARAYAN DUBEY,
AGED ABOUT 34 YEARS, R/O PRATAP NAGAR,
RASUALIA HOSHANGABAD (M.P.)
107. MRS. ROMAN DUBEY W/O SHRI ATUL DUBE,
AGED ABOUT 34 YEARS, R/O PRATAP NAGAR,
RASUALIA HOSHANGABAD (M.P.)
108. SANJEET RAJORIYA S/O SHRI SHER SINGH
RAJORIYA, AGED ABOUT 33 YEARS, R/O
SARASWATI NAGAR RASUALIA (M.P.)
Signature Not Verified
Signed by: PRASHANT
BAGJILEWALE
Signing time: 3/3/2023
6:21:16 PM
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109. ANJANA UPADHYAY W/O SHRI SATISH KUMAR
UPADHYAY, AGED ABOUT 47 YEARS, R/O WARD
NO 20, PRATAP NAGAR, RASUALIA
HOSHANGABAD (MADHYA PRADESH)
110. MRS. KSHMA MALVIYA W/O SHRI ASHOK
MALVIYA, AGED ABOUT 47 YEARS, R/O
VILLAGE KHARKHARI, TEHSIL DHOLRIYA,
DISTRICT (MADHYA PRADESH)
111. MRS. SEEMA MAJUMDAR W/O LATE SHRI
VIDHYAN CHAND MAJUNDAR, AGED ABOUT 50
YEARS, R/O AAYUDH NAGAR ITARSI (M.P.)
112. SHRI VINAY KUMAR MAJUMDAR S/O LATE
SHRI VIDHYAN CHAND MAJUNMAR, AGED
ABOUT 30 YEARS, R/O AAYUDH NAGAR ITARSI
(MADHYA PRADESH)
113. SHRI VIJAY MAJUMDAR S/O LATE SHRI
VIDHYAN CHAND MAJUNMAR, AGED ABOUT
26 YEARS, R/O AAYUDH NAGAR ITARSI
(MADHYA PRADESH)
114. SHRI DUSHYANT PANDEY S/O SHRI OM
PRAKASH PANDEY, AGED ABOUT 30 YEARS,
R/O VIKRAM NAGAR RASULIA
HOSHANGABAD (MADHYA PRADESH)
115. OM PRAKASH PANDEY S/O SHRI RAMDAYAL
PANDEY, AGED ABOUT 61 YEARS, R/O VIKRAM
NAGAR RASULIA HOSHANGABAD (M.P.)
116. SARIKA MINA W/O SHRI SUNIL MEENA, AGED
ABOUT 39 YEARS, R/O WARD NO 24, MANGAL
BHAWAN, RASUALIA (MADHYA PRADESH)
117. NITIN KUMAR PATEL S/O SHRI RAJENDRA
PRASAD PATEL, AGED ABOUT 34 YEARS, R/O
WARD NO 25, YADAV CHAKKI ROAD, VIKRAM
NAGAR RASUALIA (MADHYA PRADESH)
Signature Not Verified
Signed by: PRASHANT
BAGJILEWALE
Signing time: 3/3/2023
6:21:16 PM
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118. PRAFULL GAUR S/O HUKUMCHAND GAUR,
AGED ABOUT 34 YEARS, R/O PRATAP NAGAR,
RASUALIA HOSHANGABAD (M.P.)
119. SUNITA VERMA W/O SHRI AMIT KUMAR
VERMA, AGED ABOUT 42 YEARS, R/O
CHANDAN NAGAR PHASE 1 RASULIA
HOSHANGABAD (MADHYA PRADESH)
120. SHRI AMIT KUMAR VERMA S/O SHRI RADHE
SHYAM VERMA, AGED ABOUT 42 YEARS, R/O
CHANDAN NAGAR PHASE 1 RASULIA
HOSHANGABAD (MADHYA PRADESH)
121. RAJIV PRAJAPATI S/O GOPAL PRASAD
PARAJAPATI, AGED ABOUT 27 YEARS, R/O
WARD NUMBER 22, HANUMAN NAGAR
RASUALIA (MADHYA PRADESH)
122. VINAY VERMA S/O SHRI RAM PRASAD VERMA,
AGED ABOUT 22 YEARS, R/O VILLAGE
RADHAL POST HASALPUR TEHSIL AND
DISTRICT (MADHYA PRADESH)
123. MRS. MANJU BHAI VERMA W/O SHRI RAM
PRASAD VERMA BHOOTA, AGED ABOUT 59
YEARS, R/O VILLAGE RADHAL POST
HASALPUR TEHSIL AND DISTRICT (M.P.)
124. ASHISH MALVIYA S/O KANCHEDI LAL
MALVIYA, AGED ABOUT 33 YEARS, R/O
TARAHATA ROAD HOSHANGABAD (M.P.)
125. MAMTA MEHRA W/O SHRI R.D. MEHRA, AGED
ABOUT 52 YEARS, R/O HANUMAN NAGAR,
RASULIA, HOSHANGABAD (MADHYA
PRADESH)
126. MONU CHAUK S/O LATE SHRI RAMDIN
CHOWK, AGED ABOUT 34 YEARS, R/O
ABHISHEK NAGAR RASULIYA HOSHANGABAD
(MADHYA PRADESH)
Signature Not Verified
Signed by: PRASHANT
BAGJILEWALE
Signing time: 3/3/2023
6:21:16 PM
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127. HINANSHU MALVIYA S/O RAMESH MALVIYA,
AGED ABOUT 29 YEARS, R/O HANUMAN
NAGAR, RASULIA, HOSHANGABAD (M.P.)
128. MRS. RAMAVATI MALVIYA W/O SHRI RAMESH
MALVIYA, AGED ABOUT 60 YEARS, R/O
HANUMAN NAGAR, RASULIA, HOSHANGABAD
(MADHYA PRADESH)
129. SANTOSH RAGHUVANSHI S/O LATE VIJAY
SINGH RAGHUVANSHI, AGED ABOUT 33
YEARS, R/O VILLAGE TEHSIL SEONI MALWA
DISTRICT HOSHANGABAD (M.P.)
130. RAMESH KUMAR VERMA S/O NARAYAN DAS
VERMA MUKHYA LIPIK NAGAR PALIKA
PARISHAD HOSHANGABAD VASTE MUKHYA
NAGAR PALIKA ADHIKARI HOSHANGABAD
(MADHYA PRADESH)
131. SECRETARY, VILLAGE PANCHAYAT
BUDHWARA TEHSIL AND DISTRICT
HOSHANGABAD (MADHYA PRADESH)
....RESPONDENTS
(BY SHRI K.K. GAUTAM - ADVOCATE/CAVEATOR)
This petition coming on for admission this day, the Court
passed the following:
ORDER
There being common question involved in all the three petitions viz. (M.P 5245/22 arising out of civil suit no. 122/17), (M.P. 5250/2022 arising out of civil suit no. 121/17) and (M.P. 5251/2022 arising out of civil suit no. 123/17), they are being decided by this common order.
2. This petition has been preferred by the petitioner/plaintiff challenging the order dated 28.10.2022 passed by 1st District Judge, Narmadapuram, in civil suit no.122-A/17, whereby applications under Signature Not Verified Signed by: PRASHANT BAGJILEWALE Signing time: 3/3/2023 6:21:16 PM
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Order 1 Rule 10 read with Section 151 CPC and Order 6 Rule 17 CPC filed by the plaintiff for impleadment of transferee purchasers and for amendment of plaint, have been dismissed. However, the other application under Order 7 Rule 14(3) CPC for taking the certified copies of the sale deeds executed by defendant-Harishankar, on record, has been allowed.
3. Learned counsel for the petitioner submits that after filing of the suit for specific performance of an agreement of sale, the defendant- Harishankar, in whose favour the land was transferred by the defendants (vendors of agreement of sale), has alienated the suit land in plots by developing the colony. He submits that the transferee purchasers are necessary parties to the pending suit for specific performance, but the learned Court below has on the ground of delay and misinterpreting the decision of Supreme Court in the case of Vidur Impex and Traders Pvt. Ltd. and others vs. Tosh Apartments Pvt. Ltd. and others (2012)8 SCC 384, dismissed the applications. He further submits that the transferee purchasers being necessary parties deserve to be impleaded in the suit. In support of his submissions, learned counsel placed reliance on the decisions of Supreme Court in the case of Life Insurance Corporation of India Vs. Sanjeev Builders Pvt. Ltd. And Another AIR 2022 SC 4256; A. Nawab John & others Vs. V.N. Subramaniyam (2012)7 SCC 738; Sumtibai & Others Vs. Paras Finance Co. Mankanwar W/o Parasmal Chordia (D) & Ors (2007) 10 SCC 82; Mumbai International Airport Pvt. Ltd. Vs. Regency Convention Centre & Hotels Pvt. Ltd. & Ors. (2010) 7 SCC 417; Amit Kumar Shaw & Anr. Vs. Farida Khatoon & Anr (2005) 11 SCC 403; Savita Devi Vs. District Judge, Gorakhpur and others (1999) 2 SCC 577.
Signature Not Verified Signed by: PRASHANT BAGJILEWALE Signing time: 3/3/2023 6:21:16 PM- 18 -
4. Learned counsel appearing for the contesting defendant- Harishankar supports the impugned order and prays for dismissal of the petition.
5. Heard learned counsel for the parties and perused the impugned order and record available.
6. Apparently, the learned Court below has dismissed the applications on the ground that the transferee purchasers have not filed any application for their impleadment but has not considered the fact that plaintiff is dominus litis in respect of his suit and he is free to add any other person as party to the suit, who has directly nexus with the subject matter of the suit.
7. In the present case, the land in question was transferred firstly by the defendants (vendors of the agreement of sale) to defendant- Harishankar and during pendency of the suit, the defendant-Harishankar has also transferred the disputed land to other persons, who have been proposed as parties to the suit by way of application under Order 1 Rule 10 CPC.
8. Although, it is well settled that third party/stranger to the agreement of sale is not necessary party to the suit for specific performance but the proposed parties who are claiming under the vendors of plaintiff, cannot be said to be stranger/third party, whose presence is necessary with a view to avoid multiplicity of the litigation.
9. Even in the case of Gurmit Singh Bhatia Vs. Kiran Kant Robinson and others (2020) 13 SCC 773, which has been taken into consideration by learned trial Court, the Supreme Court has held as under :
"6. Now so far as the reliance placed upon the decision of this Court in the case of Robin Ramjibhai Patel (supra) and the decision of the Bombay High Court in the case of Shri Swastik Developers (supra), relied upon by the learned Senior Advocate for the appellant is concerned, the aforesaid decisions shall not be applicable to the facts Signature Not Verified Signed by: PRASHANT BAGJILEWALE Signing time: 3/3/2023 6:21:16 PM
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of the case on hand as in both the aforesaid cases, it was the plaintiff who submitted an application to implead the third parties/subsequent purchasers who claimed title under the vendor of the plaintiff. Position will be different when the plaintiff submits an application to implead the subsequent purchaser as a party and when the plaintiff opposes such an application for impleadment. This is the distinguishing feature in the aforesaid two decisions and in the decision of this Court in the case of Kasturi(supra)."
10. As such for want of consideration of the aforesaid legal and factual position, the learned Court below has committed illegality in rejecting the applications under Order 1 Rule 10 CPC and under Order 6 Rule 17 CPC, that too despite allowing the application under Order 7 Rule 14(3) CPC, therefore, the matter is remanded back to learned trial Court for consideration of the applications under Order 1 Rule 10 CPC and under Order 6 Rule 17 CPC afresh, certainly without being influenced by the impugned Order.
11. Resultantly, with the aforesaid observation miscellaneous petition is allowed and disposed off . Interim application(s), if any, shall stand disposed off.
12. However, it is made clear that this Court has not expressed any opinion on merits and demerits of the case.
(DWARKA DHISH BANSAL) JUDGE pb Signature Not Verified Signed by: PRASHANT BAGJILEWALE Signing time: 3/3/2023 6:21:16 PM