Ravindra Kumar Choudhary Caste Chamar vs Smt. Uma Choudhary on 19 May, 2025

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Madhya Pradesh High Court

Ravindra Kumar Choudhary Caste Chamar vs Smt. Uma Choudhary on 19 May, 2025

Bench: Dwarka Dhish Bansal

         NEUTRAL CITATION NO. 2025:MPHC-JBP:24270




                                                                 1                                MP-2513-2025
                             IN     THE       HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       BEFORE
                                     HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                                     ON THE 19th OF MAY, 2025
                                                 MISC. PETITION No. 2513 of 2025
                                    RAVINDRA KUMAR CHOUDHARY CASTE CHAMAR
                                                     Versus
                                              SMT. UMA CHOUDHARY
                          Appearance:
                             Shri Prashant K. Badarya - Advocate for the petitioner.

                                                                     ORDER

This miscellaneous petition has been preferred by the petitioner/plaintiff/husband challenging the order dated 22/4/2025 passed by Second Additional Principal Judge, Family Court, Jabalpur in R.C.S.H.M. No.504/2024, whereby Family Court has fixed the case for hearing arguments on respondent/defendant's application under Order IX Rule 7 of C.P.C.

2. Learned counsel for the petitioner submits that on 9/4/2025 Family Court heard arguments on the application under Order IX Rule 7 of C.P.C.

and fixed the case for decision on the said application for 22/4/2025, but again on the ground of engagement of new counsel, Family Court has fixed the case for hearing arguments on the application under Order IX Rule 7 of C.P.C., which is not sustainable and instead of fixing the case for hearing arguments on the application under Order IX Rule 7 of C.P.C., Family Court ought to have passed an order on the said application. With these submissions, he prays for allowing the miscellaneous petition.

Signature Not Verified Signed by: ARUN KUMAR MISHRA Signing time: 5/20/2025 10:55:12 AM

NEUTRAL CITATION NO. 2025:MPHC-JBP:24270 2 MP-2513-2025

3. Heard learned counsel for the petitioner and perused the record.

4. Order-sheet dated 9/4/2025 shows that arguments on the application under Order IX Rule 7 of C.P.C. were heard, however, upon filing fresh Vakalatnama by new counsel, Family Court has fixed the case for hearing arguments on the pending application under Order IX Rule 7 of C.P.C.

5. Upon due consideration, this Court does not find any illegality in the impugned order.

6. Resultantly, this miscellaneous petition fails and is hereby dismissed.

7. Misc. application(s), pending if any, shall stand closed.

(DWARKA DHISH BANSAL) JUDGE Arun* Signature Not Verified Signed by: ARUN KUMAR MISHRA Signing time: 5/20/2025 10:55:12 AM

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