Madhya Pradesh High Court
Gaya Bai vs (Lrs Of Deceased Anil) Smt. Anita on 28 February, 2023
Author: Vivek Agarwal
Bench: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 28 th OF FEBRUARY, 2023
MISC. APPEAL No. 329 of 2020
BETWEEN:-
1. GAYA BAI W/O NATHURAM GAYAKI, AGED
ABOUT 58 YEARS, OCCUPATION: HOUSE WIFE
GAULA TEH. MULTAI DISTT. BETUL (MADHYA
PRADESH)
2. NARAYAN S/O CHINDHYA PANDAGRE, AGED
ABOUT 61 YEARS, OCCUPATION: FARMER GAULA
TEHSIL MULTAI, DISTRICT BETUL (MADHYA
PRADESH)
3. RAMESH S/O CHINDHYA PANDAGRE, AGED
ABOUT 50 YEARS, OCCUPATION: FARMER GAULA
TEHSIL MULTAI, DISTRICT BETUL (MADHYA
PRADESH)
4. SHESHRAO S/O CHINDHYA PANDAGRE, AGED
ABOUT 60 YEARS, OCCUPATION: FARMER GAULA
TEHSIL MULTAI, DISTRICT BETUL (MADHYA
PRADESH)
5. PURNABAI W/O CHINDHYA PANDAGRE, AGED
ABOUT 60 YEARS, OCCUPATION: HOUSE WIFE
GAULA TEHSIL MULTAI, DISTRICT BETUL
(MADHYA PRADESH)
.....APPELLANTS
(BY SHRI PUSHPENDRA DUBEY - ADVOCATE)
AND
1. (LRS OF DECEASED ANIL)
A. SMT. ANITA W/O ANIL PANDAGRE, AGED
ABOUT 35 YEARS, OCCUPATION: HOUSE WIFE
GAULA TEH. MULTAI DISTT. BETUL (MADHYA
Signature Not Verified PRADESH)
SAN
Digitally signed by ASHWANI PRAJAPATI
Date: 2023.02.28 19:49:26 IST
B. KUMARI ANAMIKA D/O ANIL PANDAGRE
OCCUPATION: MINOR THROUGH NATURAL
2
GUARDIAN MOTHER SMT.ANITA W/O ANIL
PANDAGRE GAULA TEH. MULTAI DISTT. BETUL
(MADHYA PRADESH)
2. GAYABAI W/O SAHEBRAO PANDAGRE, AGED
ABOUT 65 YEARS, OCCUPATION: HOUSEWIFE
GAULA TEH. MULTAI DISTT. BETUL (MADHYA
PRADESH)
3. SUNIL S/O SAHEBRAO PANDAGRE, AGED ABOUT
38 YEARS, OCCUPATION: FARMER GAULA TEH.
MULTAI DISTT. BETUL (MADHYA PRADESH)
4. GAJANAND S/O SAHEBRAO PANDAGRE, AGED
ABOUT 36 YEARS, OCCUPATION: FARMER GAULA
TEH. MULTAI DISTT. BETUL (MADHYA PRADESH)
5. MANJABAI D/O VYAKANTI, AGED ABOUT 60
YEARS, OCCUPATION: HOUSE WIFE GAULA TEH.
MULTAI DISTT. BETUL (MADHYA PRADESH)
6. MANABAI D/O VYAKANTI, AGED ABOUT 60
YEARS, OCCUPATION: HOUSE WIFE GAULA TEH.
MULTAI DISTT. BETUL (MADHYA PRADESH)
7. GULABRAO S/O VYAKANTI, AGED ABOUT 63
YEAR S , OCCUPATION: FARMER GAULA TEH.
MULTAI DISTT. BETUL (MADHYA PRADESH)
8. SANTOSHRAO S/O VARU, AGED ABOUT 60 YEARS,
OCCUPATION: FARMER GAULA TEH. MULTAI
DISTT. BETUL (MADHYA PRADESH)
9. PANJABRAO S/O VARU, AGED ABOUT 59 YEARS,
OCCUPATION: FARMER GAULA TEH. MULTAI
DISTT. BETUL (MADHYA PRADESH)
10. AJABRAO S/O VARU, AGED ABOUT 54 YEARS,
OCCUPATION: FARMER GAULA TEH. MULTAI
DISTT. BETUL (MADHYA PRADESH)
11. CHANGDEO S/O VARU, AGED ABOUT 48 YEARS,
OCCUPATION: FARMER GAULA TEH. MULTAI
DISTT. BETUL (MADHYA PRADESH)
Signature Not Verified
SAN
12. LAHOBAI D/O VARU, AGED ABOUT 53 YEARS,
OCCUPATION: HOUSE WIFE GAULA TEH. MULTAI
Digitally signed by ASHWANI PRAJAPATI
DISTT. BETUL (MADHYA PRADESH)
Date: 2023.02.28 19:49:26 IST
3
13. SENGOBAI D/O VARU, AGED ABOUT 44 YEARS,
OCCUPATION: HOUSE WIFE GAULA TEH. MULTAI
DISTT. BETUL (MADHYA PRADESH)
14. DOLATRAO S/O BHIVSAN, AGED ABOUT 70
YEAR S , OCCUPATION: FARMER GAULA TEH.
MULTAI DISTT. BETUL (MADHYA PRADESH)
15. SAYABAI D/O BHIVSAN, AGED ABOUT 62 YEARS,
OCCUPATION: HOUSE WIFE GAULA TEH. MULTAI
DISTT. BETUL (MADHYA PRADESH)
16. STATE OF MP THROUGH COLLECTOR
DISTT.BETUL (MADHYA PRADESH)
.....RESPONDENTS
(SHRI SHIV KUMAR SHRIVASTAVA - GOVT. ADVOCATE FOR THE
RESPONDENT NO.16)
This appeal coming on for admission this day, th e court passed the
following:
ORDER
Learned counsel for appellants fairly submits that he has filed this Miscellaneous Appeal being aggrieved of the order of remand passed by the learned First Addl. District Judge, Multai, District Betul, in Civil Appeal No.07- A/2016.
It is fairly submitted that after remand, trial Court has already decided the suit afresh.
Appellant prays for liberty to challenge said proceedings before appropriate authority, but for the time being since appeal is rendered infructuous, the same is dismissed as infructuous with the aforesaid liberty.
Signature Not Verified(VIVEK AGARWAL) SAN JUDGE A.Praj.
Digitally signed by ASHWANI PRAJAPATI Date: 2023.02.28 19:49:26 IST