Madhya Pradesh High Court
Prayag Devi Bag (Sharma) vs Mukesh Kumar Sharma on 9 August, 2023
Author: Anand Pathak
Bench: Anand Pathak
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ANAND PATHAK
ON THE 9 th OF AUGUST, 2023
MISC. PETITION No. 4567 of 2023
BETWEEN:-
1. PRAYAG DEVI BAG (SHARMA) W/O SHRI
RAMBABU SHARMA, AGED ABOUT 54 YEARS,
NAINAGARH ROAD SHARMA GALI NEAR MAYUR
TALKIES DISTRICT MORENA (MADHYA
PRADESH)
2. RAM BABU SHARMA S/O SHRI JHEENGURIYA,
AGED ABOUT 68 YEAR S , NAINAGARH ROAD
SDHARMA GALI NEAR MAYUR TALKIES,
MORENA (MADHYA PRADESH)
.....PETITIONERS
(BY SHRI R.K.SONI - ADVOCATE)
AND
1. MUKESH KUMAR SHARMA S/O LATE SHRI
RAMNIVAS SHARMA, AGED ABOUT 44 YEARS,
VILLAGE CHHATARPURA PARGANA JAURA
DISTRICT MORENA MP (MADHYA PRADESH)
2. ASHOK SHARMA S/O LATE SHRI RAMNIVAS
SHARMA, AGED ABOUT 40 YEARS, VILL.
CHHATARPURA PARGANA JOURA MORENA
(MADHYA PRADESH)
3. RINKU SHARMA S/O LATESHRI RAMNIVAS
SHARMA, AGED ABOUT 35 YEARS, VILL.
CHHATARPURA PARGANA JOURA MORENA
(MADHYA PRADESH)
4. JITENDRA SHARMA S/O LATE SHRI RAMNIVAS
SHARMA, AGED ABOUT 34 YEARS, VILL.
CHHATARPURA PARGANA JOURA, MORENA
(MADHYA PRADESH)
5. SMT. MADHU W/O SHRI VINOD SHARMA D/O
LATE SHRI RAMNIVAS SHARMA, AGED ABOUT 46
2
YEARS, MUNDAWALI JOURA MORENA (MADHYA
PRADESH)
6. SMT. MANORAMA W/O SHRI SUDHIR
DANDOTIYA, AGED ABOUT 43 YEARS, VILL.
DEVRI MORENA (MADHYA PRADESH)
7. SMT. BADAMI W/O LATE SHRI RAMNIVAS
SHARMA, AGED ABOUT 70 YEARS, VILL.
CHHATARPURA PARGANA JOURA MORENA
(MADHYA PRADESH)
8. LAXMINARAYAN SHARMA UNKNOWN, AGED
ABOUT 74 YEARS, VILL. CHHATARPURA
PARGANA JOURA MORENA (MADHYA PRADESH)
9. SHRI KRISHNA SHARMA S/O SHRI UNKNOWN,
AGED ABOUT 65 YEARS, VILL. CHHHATARPURA
PARGANA JOURA MORENA (MADHYA PRADESH)
10. SMT. FOOLWATI W/O SHRI PANCHAM VYAS,
AGED ABOUT 80 YEARS, VILL. BINDWA DEVGARH
JOURA MORENA (MADHYA PRADESH)
11. SHANTI W/O LATE SHRI RAMDAYAL D/O LATE
SHRI JHEENGURIYA DIED THR. LRS NAROTTAM
SHARMA S/O LATE SHRI RAMDAYAL SHARMA,
AGED ABOUT 59 YEARS, VILL. MUNDAWALI
THASIL JOURA MORENA (MADHYA PRADESH)
12. SHANTI W/O LATE SHRI RAMDAYAL D/O LATE
SHRI JHEENGURIYA DIED THR. LRS
RAMLAKHAN SHARMA S/O LATE SHRI
RAMDAYAL SHARMA, AGED ABOUT 53 YEARS,
VILL. MUNDAWALI THASIL JOURA MORENA
(MADHYA PRADESH)
13. MUNNU @ MANTI W/O SHRI KASHIPRASAD D/O
JHEENGURIYA DIED THR. LRS KASHI PRASAD S/O
LATE SHRI HARIMOHAN, AGED ABOUT 60 YEARS,
NEAR KALI MATA TEMPLE KESHAV COLONY
(MADHYA PRADESH)
14. MUNNU @ MANTI W/O SHRI KASHIPRASAD D/O
JHEENGURIYA DIED THR. LRS JITENDRA
SHARMA S/O LATE SHRI KASHI PRASAD
SHARMA, AGED ABOUT 42 YEARS, NEAR KALI
MATA TEMPLE KESHAV COLONY (MADHYA
PRADESH)
3
15. MUNNU @ MANTI W/O SHRI KASHIPRASAD D/O
JHEENGURIYA DIED THR. LRS ANOOP SHARMA
S/O LATE SHRI KASHI PRASAD, AGED ABOUT 28
YEAR S , NEAR KALI MATA TEMPLE KESHAV
COLONY (MADHYA PRADESH)
16. SMT. SARITA W/O SHRI MINTU SHARMA, AGED
ABOUT 35 YEARS, NEAR KALI MATA TEMPLE
KESHAV COLONY (MADHYA PRADESH)
17. NEERAJ SHARMA W/O SHRI SONU SHARMA D/O
SHRI KASHI PRASAD SHARMA, AGED ABOUT 50
YEAR S , NEAR KALI MATA TEMPLE KESHAV
COLONY (MADHYA PRADESH)
18. THE STATE OF MADHYA PRADESH THROUGH
COLLECTOR MORENA (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI M.S.JADON - GOVERNMENT ADVOCATE )
This petition coming on for admission this day, th e court passed the
following:
ORDER
Herd on admission.
2. The present petition is preferred under Article 227 of the Constitution taking exception to the order dated 27.06.2023 passed by Ist Civil Judge, Jaura District Morena whereby the right of filing written statement has been closed by the trial Court.
3. Learned counsel for the petitioners/defendants raised the ground that after causing appearance before the trial Court they could not file the written statement within time and therefore, impugned order has been passed. Reason for not filing the written statement was that petitioner No.1 was suffering from blood pressure and she was having some problem in the legs because she fell d o wn therefore, time was consumed in filing the written statement. He undertakes to file written statement on or before next date of hearing.
44. Learned counsel for the State opposed the prayer and prayed for dismissal of petition.
5. From perusal of impugned order, it appears that trial Court has rightly rejected the right of the petitioners to file written statement because they were very casual and negligent in their approach in not filing the written statement. No documents have been filed by the petitioners which is available on record to demonstrate that one of the petitioners was suffering from blood pressure or some ailment. Even otherwise, if a person was suffering from blood pressure then it is a lifestyle disease and therefore, sufficient time was given to them to file written statement. In absence of any cogent reason available on record, no indulgence can be shown under the limited jurisdiction under Article 227 of the Constitution.
Resultantly, petition sans merit and is hereby dismissed.
(ANAND PATHAK) JUDGE Ashish* ASHISH Digitally signed by ASHISH CHAURASIA DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA CHAUR PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=bf81a9adb1da24e4bc7b5195154c3d4de0 8c6bb9303e52e2e7e728d9bac85bd3, pseudonym=CA2EA6EDDF504F8F9C2790FA9A0FD 201D0242B64, serialNumber=A926F3CBF979ECA6A4C477577EED ASIA BA3AB4F94593A930B98DAE1B0AD16F90B5FD, cn=ASHISH CHAURASIA Date: 2023.08.09 19:30:46 -07'00'