Madhya Pradesh High Court
Anurag Agrawal vs Rambagas 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.5251 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. RAMBAGAS YADAV S/O BABULAL YADAV
OCCUPATION: AGRICULTURE GRAM
BUDHWADA TEHSIL AND DISTRICT
NARMADAPURAM (MADHYA PRADESH)
2. BALIRAM YADAV S/O BABULAL YADAV
OCCUPATION: AGRICULTURE R/O
GRAM BUDHWADA TEHSIL AND
DISTRICT NARMADAPURAM (M. P)
3. CHOTELAL ALIAS CHOTAL PRASAD
YADAV S/O BABULAL YADAV
OCCUPATION: AGRICULTURE R/O
GRAM BUDHWADA TEHSIL AND
DISTRICT NARMADAPURAM (M. P)
4. MOPENDRA ALIAS BHUPENDRA S/O
BABULAL YADAV OCCUPATION:
AGRICULTURE R/O GRAM BUDHWADA
Signature Not Verified
Signed by: PRASHANT
BAGJILEWALE
Signing time: 3/3/2023
6:21:16 PM
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TEHSIL AND DISTRICT
NARMADAPURAM (MADHYA PRADESH)
5. SIYALAL S/O BABULAL YADAV
OCCUPATION: AGRICULTURE R/O
GRAM BUDHWADA TEHSIL AND
DISTRICT NARMADAPURAM (M. P)
6. LALTABAI D/O BABULAL YADAV
OCCUPATION: AGRICULTURE R/O
GRAM BUDHWADA TEHSIL AND
DISTRICT NARMADAPURAM (M. P)
7. HARISHANKAR SHARMA S/O LATE SHRI
SHYAMLAL SHARMA, AGED ABOUT 45
YEARS, OCCUPATION: COLONIZER R/O
85/11, EKTA CHOWK, TEHSIL AND
DISTRICT NARMADAPURAM (M. P)
8. STATE OF M.P. THROUGH COLLECTOR
COLLECTOR OFFICE KOTHI BAZAAR,
NARMADAPURAM (MADHYA PRADESH)
9. JAVED MOHAMMAD KHAN S/O SHRI
RAZZAK MOHAMMAD KHAN, AGED
ABOUT 42 YEARS, R/O NEAR OF ANNAD
NAGAR, SAHU CHAKKI, HOSHANGABAD
(MADHYA PRADESH)
10. SHRI JITENDRA SINGH CHAUHAN S/O
SHRI SHYAM SINGH CHOUHAN, AGED
ABOUT 31 YEARS, R/O 219, WARD
NUMBER 21, PRATAP NAGAR, RASULIA,
HOSHANGABAD (MADHYA PRADESH)
11. SHRIMATI SUNITA RAJPUT W/O
JITENDRA SINGH CHOUHAN, AGED
ABOUT 28 YEARS, R/O 219, WARD
NUMBER 21, PRATAP 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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12. SHRI RAMESH KUMAR S/O SHRI
IMARAT, AGED ABOUT 59 YEARS, R/O
AAYUDH NAGAR, ITARSI (M. P)
13. SHRIMATI BHURIYA BAI W/O SHRI
RAMESH KUMAR, AGED ABOUT 52
YEARS, R/O AAYUDH NAGAR, ITARSI
(MADHYA PRADESH)
14. SHRI ANKIT KUMAR MALVIYA S/O SHRI
ANTARAM MALVIYA, AGED ABOUT 29
YEARS, R/O GLOBAL PARK HARDA, BY
PASS ROAS, HOSHANGABAD (M. P)
15. SHIMATI SHIVANI MALVIYA W/O SHRI
ANKIT MALVIYA, AGED ABOUT 24
YEARS, R/O GLOBAL PARK HARDA, BY
PASS ROAS, HOSHANGABAD (MADHYA
PRADESH)
16. SHRIMATI JYOTI BANVARI W/O SHRI
MANOJ BANWARI, AGED ABOUT 31
YEARS, R/O HANUMAN NAGAR,
RASULIA, HOSHANGABAD (M. P)
17. SHRI MANOJ BANVARI S/O SHRI
MUNSHILAL BANVARI, AGED ABOUT 43
YEARS, R/O HANUMAN NAGAR,
RASULIA, HOSHANGABAD (M. P)
18. JITENDRA MALVIYA S/O SHRI SANTOSH
MALVIYA, AGED ABOUT 34 YEARS, R/O
PILI KHANTI, HOSHANGABAD (M. P)
19. SMT. MINAKSHI W/O SHRI JITENDRA
MALVIYA, AGED ABOUT 33 YEARS, R/O
PILI KHANTI, HOSHANGABAD (M. P)
20. YASHPAL SINGH CHAUDHARI S/O SHRI
MOHANLAL CHAUDHARI, AGED ABOUT
40 YEARS, R/O WARD NUMBER
25,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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21. SHRI SATISH KUMAR VERMA S/O LATE
SHRI ANGAD KUMAR VERMA, AGED
ABOUT 38 YEARS, R/O PRATAP NAGAR,
RASULIA, HOSHANGABAD (M. P)
22. SMT. KRANTI VERMA W/O SHRI SATISH
KUMAR VERMA, AGED ABOUT 28
YEARS, R/O PRATAP NAGAR, RASULIA,
HOSHANGABAD (MADHYA PRADESH)
23. MANISH KUMAR GAUR S/O LATE SHRI
RAMESH CHANDRA GAUR, AGED ABOUT
38 YEARS, R/O HOUSE NO 22, WARDNO 6,
THAKUR MOHALLA, SEONI MALWA
(MADHYA PRADESH)
24. SMT. DIVYA GAUR W/O SHRI MANISH
KUMAR GAUR, AGED ABOUT 29 YEARS,
R/O HOUSE NO 22, WARDNO 6, THAKUR
MOHALLA, SEONI MALWA (M. P)
25. SMT. JYOTI MEHRA W/O SHRI RAKESH
KUMAR MEHRA, AGED ABOUT 29
YEARS, R/O WARD NO. 32, LASHKAR
CHOWK, GWALTOLI, HOSHANGABAD
(MADHYA PRADESH)
26. SHRI SHIVAM SHARMA S/O SHRI
RAJESH SHARMA, AGED ABOUT 28
YEARS, R/O PRATAP NAGAR, RASULIA,
WARD NO. 25, HOSHANGABAD (M. P)
27. 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 (MADHYA PRADESH)
28. 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)
Signature Not Verified
Signed by: PRASHANT
BAGJILEWALE
Signing time: 3/3/2023
6:21:16 PM
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29. SHRI KUNAL KULSHRESHTH S/O SHRI
ANNAD BIHARI KULSHRESHTH, AGED
ABOUT 28 YEARS, R/O HANUMAN
NAGAR, RASULIA, HOSHANGABAD
(MADHYA PRADESH)
30. SMT. SAPNA KULSHRESHTHA S/O SHRI
ANNAD BIHARI KULSHRESHTHA, AGED
ABOUT 48 YEARS, R/O HANUMAN
NAGAR, RASULIA, HOSHANGABAD
(MADHYA PRADESH)
31. SHRI ANNAD BIHARI KULSHRESHTH S/O
LATE SHRI RAMVILAS KULSHRESHTHA,
AGED ABOUT 54 YEARS, R/O HANUMAN
NAGAR, RASULIA, HOSHANGABAD
(MADHYA PRADESH)
32. SMT. AARTI CHAUDHARI W/O SHRI
RAJIV CHAUDHARI R/O SARASWATI
NAGAR, RASULIA, HOSHNGABAD
(MADHYA PRADESH)
33. SHRI PRAKASH RAGHUVANSHI S/O SHRI
GULAB SINGH RANGVANSHI, AGED
ABOUT 45 YEARS, R/O HOUSE NO. 1526/10
SAMDARIYA COLONY, KANCHGHR,
HIGH COURT,JABALPUR (M. P)
34. SHRI RAMSWAROOP DHURVE M/O SHRI
CHHOTELAL DHURVE, AGED ABOUT 56
YEARS, R/O AAYUDH NAGAR, ITARSI
(MADHYA PRADESH)
35. SMT. LAKSHMI BAI DHURVE W/O SHRI
RAMSWAROOP DHURVE, AGED ABOUT
52 YEARS, R/O AAYUDH NAGAR, ITARSI
(MADHYA PRADESH)
36. SMT. KAMNA GAUR W/O LATE SHRI
ARUN GAUR, AGED ABOUT 49 YEARS,
R/O ABHISHEK NAGAR RADHE, HIGHTS
JI 1.1. RASULIA, (MADHYA PRADESH)
Signature Not Verified
Signed by: PRASHANT
BAGJILEWALE
Signing time: 3/3/2023
6:21:16 PM
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37. SHRI HARISHANKAR S/O SHRI BADRI
PRASAD YADAV, AGED ABOUT 39 YEARS,
R/O PRATAP NAGAR RASULIA
HOSHANGABAD (MADHYA PRADESH)
38. SMT. JAYA YADAV W/O SHRI HARI
SHANKAR YADAV, AGED ABOUT 29
YEARS, R/O PRATAP NAGAR RASULIA
HOSHANGABAD (MADHYA PRADESH)
39. 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)
40. SMT. MAYABAI SWAMI W/O PRABHU
DAYAL SWAMI, AGED ABOUT 50 YEARS,
R/O WARD NO. 4, RATHORE MARG,
BALAGANJ (MADHYA PRADESH)
41. SHRI RAHUL MALVIYA S/O RAJESH
MALVIYA, AGED ABOUT 32 YEARS, R/O
SARASWATI NAGAR, RASULIA,
HOSHNGABAD (MADHYA PRADESH)
42. MRS. RASHMI MALVIYA W/O SHRI
RAHUL MALVIYA, AGED ABOUT 25
YEARS, R/O SARASWATI NAGAR,
RASULIA, HOSHNGABAD (M. P)
43. SHRI HITENDRA SINGH RAJPUT S/O
GULAB SINGH RAJPUT, AGED ABOUT 30
YEARS, R/O HOUSE NO. 92, VHI GIRI
WARD NO. 4, PIPARIYA (M. P)
44. SMT. POOJA RAJPUT W/O SHRI
HITENDRA SINGH RAJPUT, AGED
ABOUT 27 YEARS, R/O HOUSE NO. 92,
VHI GIRI WARD NO. 4, PIPARIYA
(MADHYA PRADESH)
Signature Not Verified
Signed by: PRASHANT
BAGJILEWALE
Signing time: 3/3/2023
6:21:16 PM
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45. PALLAV DEEWAN S/O LATE SHRI
MAHESH KUMAR DEEWAN, AGED
ABOUT 31 YEARS, R/O WARD NO. 4,
RAJENDRA PURA, ITARSI (M. P)
46. SMT. SAROJ BAI W/O LATE SHRI
MAHESH KUMAR DEEWAN, AGED
ABOUT 59 YEARS, R/O WARD NO. 4,
RAJENDRA PURA, ITARSI (M. P)
47. SHRI KISHANLAL DUNGARIYA S/O
GENDALA DUNGARIYA, AGED ABOUT 47
YEARS, R/O WARD NO. 20, BENGALI
COLONY, (MADHYA PRADESH)
48. SMT. ANITA YADAV W/O SHRI SHRAVAN
KUMAR YADAV, AGED ABOUT 35 YEARS,
R/O GRAM ROHANA TEHSIL (M. P)
49. SMT. CHANDRAKALA UAIKE S/O SHRI
KAMLESH, AGED ABOUT 33 YEARS, R/O
PLOT NO242, WARD NO 4, RAJKUMAR
GENERAL STORE KE PASS, SUKHTAWA,
ITARSI (MADHYA PRADESH)
50. MAMTA SOLANKI W/O JITENDRA
SINGH, AGED ABOUT 33 YEARS, R/O
VIKRAM NAGAR, RASULIA (M. P)
51. JITENDRA SINGH SOLANKI S/O SHRI
VIJAY SINGH SOLANKI, AGED ABOUT 43
YEARS, R/O VIKRAM NAGAR, RASULIA
(MADHYA PRADESH)
52. SHRI RAM VILAS SARATHE S/O SHRI
BADRI PRASAD SARATHE, AGED ABOUT
49 YEARS, R/O VILLAGE BAIRAKHEDI,
POST SAVALKHEDA, TEHSIL DOLRIA,
(MADHYA PRADESH)
53. MRS. SAVITA BHAI W/O SHRI RAM VILAS
SARATHE, AGED ABOUT 47 YEARS, R/O
Signature Not Verified
Signed by: PRASHANT
BAGJILEWALE
Signing time: 3/3/2023
6:21:16 PM
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VILLAGE BAIRAKHEDI, POST
SAVALKHEDA, TEHSIL DOLRIA, (M. P)
54. SHRI PREM NARAYAN VISHWAKARMA
S/O SHRI RAGHUNATH VISHWAKARMA,
AGED ABOUT 59 YEARS, R/O GWALTOLI,
WARD NUMBER 30, (MADHYA PRADESH)
55. SHRI RAHUL SHARMA S/O SHRI
KRISHNA SHARMA, AGED ABOUT 30
YEARS, R/O AADARSH NAGAR, HOUSING
BOARD COLONY (MADHYA PRADESH)
56. MRS. SONAL SHARMA W/O SHRI RAHUL
SHARMA, AGED ABOUT 29 YEARS, R/O
AADARSH NAGAR, HOUSING BOARD
COLONY (MADHYA PRADESH)
57. MRS SONIA JATAV W/O SHRI MAHESH
CHANDRA JATAV, AGED ABOUT 32
YEARS, R/O MAHIMA NAGAR, SPM
(MADHYA PRADESH)
58. MRS. ANOKHI SHROTI W/O SHRI VINOD
KUMAR SHROTI, AGED ABOUT 52
YEARS, R/O DAMADIA POST
CHATARKHEDA TEHSIL SEONI MALWA
(MADHYA PRADESH)
59. SHRI BHAVISHYA SHROTI S/O SHRI
VINOD KUMAR SHROTI, AGED ABOUT 29
YEARS, R/O DAMADIA POST
CHATARKHEDA TEHSIL SEONI MALWA
(MADHYA PRADESH)
60. SHRI YOGESH KUMAR BHATT S/O SHRI
SHIVKANT BHATT, AGED ABOUT 39
YEARS, R/O ABHISHEK NAGAR RASULIA
(MADHYA PRADESH)
61. MRS. SHIVANI BHATT W/O SHRI
YOGESH KUMAR BHATT, AGED ABOUT
Signature Not Verified
Signed by: PRASHANT
BAGJILEWALE
Signing time: 3/3/2023
6:21:16 PM
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29 YEARS, R/O ABHISHEK NAGAR
RASULIA (MADHYA PRADESH)
62. SHRI LAKHAN PAROLKAR S/O
ISHWARLAL PAROLKAR, AGED ABOUT
43 YEARS, R/O WARD NUMBER 33,
SANJAY NAGAR, GWALTOLI (M. P)
63. MSR. KIRTI CHAURE W/O SHRI ASHOK
CHAURE, AGED ABOUT 31 YEARS, R/O
HANUMAN NAGAR, RASULIA,
HOSHANGABAD (MADHYA PRADESH)
64. MRS. VIDYA CHAUDHARY W/O SHRI
RAJESH CHOUDHARY, AGED ABOUT 44
YEARS, R/O VILLAGE BYAVARA, TEHSIL
AND DISTRICT (MADHYA PRADESH)
65. MRS. REKHA CHAURE W/O SHRI
SURENDRA CHAURE, AGED ABOUT 46
YEARS, R/O MALVIYA COLONY, BHARTI
ITARSI (MADHYA PRADESH)
66. MRS. SHEETAL PAROLKAR W/O SHRI
RAJENDRA PAROLKAR, AGED ABOUT 32
YEARS, R/O SANJAY NAGAR GWALTOLI
TEHSIL AND DISTRICT
NARMADAPURAM (M.P.)
67. MRS. SHIVA NAGVANSHI W/O RUKMESH
NAGVANSHI R/O VILLAGE BUDHWARA,
TEHSIL AND DISTRICT (M. P)
68. SHRI SHRAVAN KUMAR YADAV S/O LATE
SHRI CHHOTE LAL YADAV R/O VILLAGE
RAHANA, TEHSIL AND DISTRICT
(MADHYA PRADESH)
69. SHRI VIJAY SINGH RAJPUT S/O PRATAP
SINGH RAJPUT, AGED ABOUT 28 YEARS,
R/O PRATAP 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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70. MRS. MONIKA RAJPUT W/O SHRI VIJAY
SINGH RAJPUT, AGED ABOUT 27 YEARS,
R/O PRATAP NAGAR, RASULIA,
HOSHANGABAD (MADHYA PRADESH)
71. SHRI ASHOK PALIWAL S/O SHRI
NANDLAL PALIWAL, AGED ABOUT 55
YEARS, R/O WARD NUMBER 23, MARUTI
NAGAR, RASULIA (MADHYA PRADESH)
72. SHRI SHUBHAG SHARMA S/O SHRI
RAJESH SHARMA, AGED ABOUT 34
YEARS, R/O 11, LEN ITARSI (MADHYA
PRADESH)
73. SHRI RAKESH RAJPUT S/O MANOHAR
SINGH RAJPUT, AGED ABOUT 29 YEARS,
R/O VILLAGE ROHANA, TEHSIL AND
DISTRICT (MADHYA PRADESH)
74. MAYANK CHAUHAN S/O RADHESHYAM
CHAUHAN, AGED ABOUT 90 YEARS, R/O
VILLAGE ROHANA, TEHSIL AND
DISTRICT (MADHYA PRADESH)
75. SHRI RAKESH RAJPUT S/O SHRI KAMAL
SINGH RAJPUT, AGED ABOUT 37 YEARS,
R/O VILLAGE PAGDHAL POST
PAGDHAL, TEHSIL SEONI MALWA
(MADHYA PRADESH)
76. DWARKA PRASAD VISHWAKARMA S/O
MUNSHILAL VISHWAKARMA, AGED
ABOUT 55 YEARS, R/O MAHINDRA
SHOWROOM GAUTAM NAGAR RASULIA
(MADHYA PRADESH)
77. RAKESH RAJPUT S/O SHRI MANOHAR
SINGH RAJPUT, AGED ABOUT 31 YEARS,
R/O VILLAGE ROHANA, TEHSIL AND
DISTRICT (MADHYA PRADESH)
Signature Not Verified
Signed by: PRASHANT
BAGJILEWALE
Signing time: 3/3/2023
6:21:16 PM
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78. SHRI MAYANK CHAUHAN S/O SHRI
RADHE SHYAM CHAUHAN, AGED ABOUT
21 YEARS, R/O VILLAGE ROHANA,
TEHSIL AND DISTRICT (M. P)
79. SHRI SANJAY GAUR S/O LATE SHRI AJIT
GAUR, AGED ABOUT 18 YEARS, R/O
PRATAP NAGAR RASULIA
HOSHANGABAD (MADHYA PRADESH)
80. SHRI VINOD KUMAR RAJORIYA S/O
LATE SHRI SHADILAL RAJORIYA, AGED
ABOUT 43 YEARS, R/O VILLAGE
BUDHWARA, TEHSIL AND DISTRICT
(MADHYA PRADESH)
81. PARAM SUKH GARHWAL S/O SHREE
DINDAYAL GARHWAL, AGED ABOUT 48
YEARS, R/O VILLAGE MISROD, HOUSE
NO. 229, NEAR SOCIETY WARD NUMBER
15, TEHSIL DOLRIA (MADHYA PRADESH)
82. MRS. REKHA GARHWAL W/O PARAM
SUKH GARHWAL, AGED ABOUT 42
YEARS, R/O VILLAGE MISROD, HOUSE
NO. 229, NEAR SOCIETY WARD NUMBER
15, TEHSIL DOLRIA (MADHYA PRADESH)
83. SHRI DEEPAK BHATT S/O JITENDRA
BHATT, AGED ABOUT 54 YEARS, R/O
WARD NO. 25, PRATAP NAGAR RASULIA
(MADHYA PRADESH)
84. MRS. REKHA BHATT W/O SHRI DEEPAK
BHATT, AGED ABOUT 49 YEARS, R/O
WARD NO. 25, PRATAP NAGAR RASULIA
(MADHYA PRADESH)
85. SHRI SHUBHAM RAJPUT S/O SHRI MAR
SINGH RAJPUT, AGED ABOUT 25 YEARS,
R/O VILLAGE DHABA KALA POST
DHABA KHURD TAHSIL DHOLRIYA
DISTRICT HOSHANGABAD (M. P)
Signature Not Verified
Signed by: PRASHANT
BAGJILEWALE
Signing time: 3/3/2023
6:21:16 PM
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86. LAKSHMI SHARAN FAUJDAR S/O SHRI
RSS FAUJDAR, AGED ABOUT 34 YEARS,
R/O WARD NUMBER 21 RAGHAV NAGAR
RASULIA HOSHANGABAD (M. P)
87. MRS BHARTI FAUJDAR W/O SHRI
LAKSHMI SHARAN FAUJDAR, AGED
ABOUT 31 YEARS, R/O WARD NUMBER 21
RAGHAV NAGAR RASULIA
HOSHANGABAD (MADHYA PRADESH)
88. MANJU GAUR W/O SHRI PAWAN GAUR,
AGED ABOUT 33 YEARS, R/O VILLAGE
POST MISROD TAHSIL DOLRIA
DISTRICT HOSHANGABAD (M. P)
89. LALIT GAUR S/O SHRI ASHOK KUMAR
GAUR, AGED ABOUT 33 YEARS, R/O
QUARTER NUMBER 3 501 TYPE C AYUDH
NAGAR ITARSI HOSHANGABAD
(MADHYA PRADESH)
90. VIKAS GAUR S/O SHRI ASHOK KUMAR
GAUR, AGED ABOUT 30 YEARS, R/O
QUARTER NUMBER 3 501 TYPE C AYUDH
NAGAR ITARSI HOSHANGABAD
(MADHYA PRADESH)
91. SHIVANI SHUKLA JOSHI W/O PRIYESH
JOSHI, AGED ABOUT 32 YEARS, R/O 94
CHOURE GALI KOTHI BAJAR
HOSHANGABAD (MADHYA PRADESH)
92. RAJNI NIRANJAN W/O SHRI PRADESH
NIRANJAN, AGED ABOUT 33 YEARS, R/O
VIKRAM NAGAR RASULIA
HOSHANGABAD (MADHYA PRADESH)
93. ROHIT RAJPUT S/O SHRI SS RAJPUT,
AGED ABOUT 33 YEARS, R/O SARASWATI
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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94. MRS. KALPANA RAJPUT W/O SHRI
ROHIT RAJPUT, AGED ABOUT 29 YEARS,
R/O SARASWATI NAGAR RASULIA
HOSHANGABAD (MADHYA PRADESH)
95. BASANT KUMAR GAUR S/O LATE SHRI
RAMLAL GAUR, AGED ABOUT 51 YEARS,
R/O RAJGHAT ROAD JUMERATI
HOSHANGABAD (MADHYA PRADESH)
96. AJAY MEHRA S/O SHRI BANVARI LAL
MEHRA, AGED ABOUT 44 YEARS, R/O
WARD NUMBER 3 TAVANAGAR RANIPUR
TAHSIL ITARSI DISTRICT
HOSHANGABAD (MADHYA PRADESH)
97. MRS. ANNPURNA MEHRA W/O SHRI
AJAY MEHRA, AGED ABOUT 40 YEARS,
R/O WARD NUMBER 3 TAVANAGAR
RANIPUR TAHSIL ITARSI DISTRICT
HOSHANGABAD (MADHYA PRADESH)
98. SHAILESH THAKUR S/O SHRI ASHOK
KUMAR THAKUR, AGED ABOUT 30
YEARS, R/O AYUDH NIRMAN ITARSI
HOSHANGABAD (MADHYA PRADESH)
99. PRAVEEN KUMAR TIWARI S/O KRISHNA
KUMAR TIWARI, AGED ABOUT 29
YEARS, R/O HARSH NAGAR ITI ROAD
HOSHANGABAD (MADHYA PRADESH)
100. RAJENDRA KUMAR TIWARI S/O
RAMESHWAR PRASAD TIWARI, AGED
ABOUT 65 YEARS, R/O AYUDH NAGAR
ITARSI TAHSIL ITARSI DISTRICT
HOSHANGABAD (MADHYA PRADESH)
101. MRS. SWARNALATA TIWARI W/O SHRI
RAJENDRA KUMAR TIWARI, AGED
ABOUT 63 YEARS, R/O AYUDH NAGAR
ITARSI TAHSIL ITARSI DISTRICT
HOSHANGABAD (MADHYA PRADESH)
Signature Not Verified
Signed by: PRASHANT
BAGJILEWALE
Signing time: 3/3/2023
6:21:16 PM
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102. KRITIKA MEENA W/O SHRI NILESH
MEENA, AGED ABOUT 30 YEARS, R/O
WARD NUMBER 19 SHIV COLONY ITI
ROAD HOSHANGABAD (M. P)
103. SOMA PANDEY W/O ARVIND PANDEY,
AGED ABOUT 33 YEARS, R/O CHANDAN
NAGAR FES 2 RASULIA HOSHANGABAD
(MADHYA PRADESH)
104. NEETA THAKUR W/O SHRI SHAILESH
THAKUR, AGED ABOUT 28 YEARS, R/O
GLOBAL LAKE CITY COLONY HARDA
BYPASS HOSHANGABAD (M. P)
105. ROSHAN SINGH UNKE S/O SHRI
SALIGRAM, AGED ABOUT 33 YEARS, R/O
WARD NUMBER 22 HOUSE NUMBER 1/151
S.P.M. COLONY HOSHANGABAD
(MADHYA PRADESH)
106. MRS. KUNTI UIKEY W/O SHRI
SHALIGRAM UIKEY, AGED ABOUT 67
YEARS, R/O WARD NUMBER 22 HOUSE
NUMBER 1/151 S.P.M. COLONY
HOSHANGABAD (MADHYA PRADESH)
107. SHRI ABHISHEK DIKSHIT S/O SHRI
MADAN MOHAN DIKSHIT, AGED ABOUT
38 YEARS, R/O 5/52 AZAD WARD
NASIRABAD ROAD BABAI TAHSIL BABAI
DISTRICT HOSHANGABAD (M. P)
108. MRS KAUSHLYA BHAI W/O SHRI
RAMESH PRASAD, AGED ABOUT 46
YEARS, R/O VILLAGE KIRMAKORIYA
TAHSIL BUDHNI DISTRICT SEHORE
(MADHYA PRADESH)
109. ATUL DUBE S/O SHRI SHIVNARAYAN
DUBEY, AGED ABOUT 34 YEARS, R/O
PRATAP NAGAR RASULIA
HOSHANGABAD (MADHYA PRADESH)
Signature Not Verified
Signed by: PRASHANT
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Signing time: 3/3/2023
6:21:16 PM
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110. MRS ROMAN DUBEY W/O SHRI ATUL
DUBE, AGED ABOUT 34 YEARS, R/O
PRATAP NAGAR RASULIA
HOSHANGABAD (MADHYA PRADESH)
111. SANJEET RAJORIYA S/O SHRI SHER
SINGH RAJORIYA, AGED ABOUT 33
YEARS, R/O SARASWATI NAGAR
RASULIA HOSHANGABAD (M. P)
112. ANJANA UPADHYAY W/O SHRI SATISH
KUMAR UPADHYAY, AGED ABOUT 47
YEARS, R/O WARD NUMBER 20 PRATAP
NAGAR RASULIA HOSHANGABAD
(MADHYA PRADESH)
113. MRS KSHMA MALVIYA W/O SHRI ASHOK
MALVIYA, AGED ABOUT 47 YEARS, R/O
VILLAGE KHARKHARI TAHSIL
DHOLRIYA DISTRICT HOSHANGABAD
(MADHYA PRADESH)
114. MRS SEEMA MAJUMDAR W/O LATE
SHRI VIDHYAN CHAND MAJUMDAR,
AGED ABOUT 50 YEARS, R/O AYUDDH
NAGAR ITARSI HOSHANGABAD
(MADHYA PRADESH)
115. SHRI VINAY KUMAR MAJUMDAR S/O
LATE SHRI VIDHYAN CHAND
MAJUMDAR, AGED ABOUT 30 YEARS,
R/O AYUDDH NAGAR ITARSI
HOSHANGABAD (MADHYA PRADESH)
116. SHRI VIJAY MAJUMDAR S/O LATE SHRI
VIDHYAN CHAND MAJUMDAR, AGED
ABOUT 26 YEARS, R/O AYUDDH NAGAR
ITARSI HOSHANGABAD (M. P)
117. SHRI DUSHYANT PANDEY S/O SHRI OM
PRAKASH PANDEY, AGED ABOUT 30
YEARS, R/O VIKRAM NAGAR RASULIA
HOSHANGABAD (MADHYA PRADESH)
Signature Not Verified
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Signing time: 3/3/2023
6:21:16 PM
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118. OM PRAKASH PANDEY S/O SHRI
RAMDAYAL PANDEY, AGED ABOUT 61
YEARS, R/O VIKRAM NAGAR RASULIA
HOSHANGABAD (MADHYA PRADESH)
119. SARIKA MINA W/O SRI SUNIL MEENA,
AGED ABOUT 39 YEARS, R/O WARD
NUMBER 24 MANGAL BHAVAN RASULIA
HOSHANGABAD (MADHYA PRADESH)
120. NITIN KUMAR PATEL S/O SHRI
RAJENDRA PRASAD PATEL, AGED
ABOUT 34 YEARS, R/O WARD NUMBER 25
YADAV CHAKKI ROAD VIKRAM NAGAR
RASULIA HOSHANGABAD (M. P)
121. PRAFULL GAUR S/O HUKUMCHAND
GAUR, AGED ABOUT 34 YEARS, R/O
PRATAP NAGAR RASULIA
HOSHANGABAD (MADHYA PRADESH)
122. SUNITA VERMA W/O SHRI AMIT KUMAR
VERMA, AGED ABOUT 42 YEARS, R/O
CHANDAN NAGAR PHASE 1 RASULIA
HOSHANGABAD (MADHYA PRADESH)
123. SHRI AMIT KUMAR VERMA S/O SHRI
RADHE SHYAM VERMA, AGED ABOUT 42
YEARS, R/O CHANDAN NAGAR PHASE 1
RASULIA HOSHANGABAD (M. P)
124. RAJIV PRAJAPATI S/O GOPAL PRASAD
PRAJAPATI, AGED ABOUT 27 YEARS, R/O
WARD NUMBER 22 HANUMAN NAGAR
RASULIA HOSHANGABAD (M. P)
125. VINAY VERMA S/O SHRI RAM PRASAD
VERMA, AGED ABOUT 22 YEARS, R/O
RADHAL POST HASALPUR TAHSIL AND
DISTRICT HOSHANGABAD (M. P)
126. MRS MANJU BHAI VERMA W/O SHRI
RAM PRASAD VERMA, AGED ABOUT 59
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Signing time: 3/3/2023
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YEARS, R/O RADHAL POST HASALPUR
TAHSIL AND DISTRICT HOSHANGABAD
(MADHYA PRADESH)
127. ASHISH MALVIYA S/O KANCHEDI LAL
MALVIYA, AGED ABOUT 33 YEARS, R/O
TARAHATA ROAD HOSHANGABAD
(MADHYA PRADESH)
128. MAMTA MEHRA W/O SHRI R.D. MEHRA,
AGED ABOUT 52 YEARS, R/O HANUMAN
NAGAR RASULIA HOSHANGABAD
(MADHYA PRADESH)
129. MONU CHAUKSE S/O LATE SHRI
RAMDIN CHAUKSE, AGED ABOUT 34
YEARS, R/O ABHISHEK NAGAR
RASULIYA HOSHANGABAD (M. P)
130. HIMANSHU MALVIYA S/O SHRI RAMESH
MALVIYA, AGED ABOUT 29 YEARS, R/O
HANUMAN NAGAR RASULIA
HOSHANGABAD (MADHYA PRADESH)
131. MRS RAMAVATI MALVIYA W/O SHRI
RAMESH MALVIYA, AGED ABOUT 60
YEARS, R/O HANUMAN NAGAR RASULIA
HOSHANGABAD (MADHYA PRADESH)
132. SANTOSH RAGHUVANSHI S/O LATE
VIJAY SINGH RAGHUVANSHI, AGED
ABOUT 33 YEARS, R/O VILLAGE TEHSIL
SEONI MALWA DISTRICT
HOSHANGABAD (MADHYA PRADESH)
133. RAMESH KUMAR VERMA S/O NARAYAN
DAS VERMA MUKHYA LIPIK NAGAR
PALIKA PARISHAD HOSHANGABAD
VASTE MUKHYA NAGAR PALIKA
ADHIKARI HOSHANGABAD (M. P)
Signature Not Verified
Signed by: PRASHANT
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Signing time: 3/3/2023
6:21:16 PM
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134. SECRETARY VILLAGE PANCHAYAT
BUDHWARA TAHSIL 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 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 Signature Not Verified Signed by: PRASHANT BAGJILEWALE Signing time: 3/3/2023 6:21:16 PM
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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.
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-
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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 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.
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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