Madhya Pradesh High Court
Smt. Kusumrani vs Tikaram Ahirwar on 29 September, 2023
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
ON THE 29 th OF SEPTEMBER, 2023
MISC. PETITION No. 3552 of 2022
BETWEEN:-
1. SMT. KUSUMRANI W/O LATE SHRI NANHELAL,
AGED ABOUT 63 YEARS, OCCUPATION:
HOUSEWIFE R/O RAJAKHEDI MAKRONIYA
TAHSIL AND DISTT. SAGAR (MADHYA PRADESH)
2. SUNIL AHIRWAR S/O LATE SHRI NANHELAL
AHIRWAR, AGED ABOUT 40 YEARS, OCCUPATION:
PRIVATE JOB R/O RAJAKHEDI MAKRONIYA
TAHSIL AND DISTT. SAGAR (MADHYA PRADESH)
3. YASHWANT AHIRWAR S/O LATE SHRI NANHELAL
AHIRWAR, AGED ABOUT 31 YEARS, OCCUPATION:
MASON R/O RAJAKHEDI MAKRONIYA TAHSIL
AND DISTT. SAGAR (MADHYA PRADESH)
4. SMT. RAJNI AHIRWAR W/O SHRI KAMAL D/O
LATE SHRI NANHELAL AHIRWAR, AGED ABOUT
34 YEARS, OCCUPATION: HOUSEWIFE R/O
MAKRONIYA TAHSIL AND DISTT. SAGAR
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI DHARMENDRA SONI - ADVOCATE)
AND
1. TIKARAM AHIRWAR S/O LATE SHRI MOHANLAL,
AGED ABOUT 65 YEARS, R/O NEAR NOBAL
COLLEGE RAJAKHEDI MAKRONIYA SAGAR
DISTT. SAGAR (MADHYA PRADESH)
2. GAYA PRASAD AHIRWAR S/O LATE SHRI
MOHANLAL, AGED ABOUT 91 YEARS, R/O
RAJAKHEDI MAKRONIYA TAHSIL AND DISTT.
SAGAR (MADHYA PRADESH)
3. ASHOK S/O SHRI SHIBBU AHIRWAR, AGED
ABOUT 59 YEARS, R/O RAJAKHEDI MAKRONIYA
Signature Not Verified
Signed by: ROSHNI SINGH
Signing time: 9/30/2023
11:37:00 AM
2
TAHSIL AND DISTT. SAGAR (MADHYA PRADESH)
4. RAMESH S/O SHRI SHIBBU AHIRWAR, AGED
ABOUT 54 YEARS, R/O RAJAKHEDI MAKRONIYA
TAHSIL AND DISTT. SAGAR (MADHYA PRADESH)
5. SURESH S/O LATE SHRI PORANLAL AHIRWAR,
AGED ABOUT 54 YEARS, NOT MENTION (MADHYA
PRADESH)
6. SURENDRA S/O LATE SHRI POORANLAL
AHIRWAR, AGED ABOUT 51 YEARS, NOT
MENTION (MADHYA PRADESH)
7. BHAGWANDAS S/O LATE SHRI POORANLAL
AHIRWAR, AGED ABOUT 44 YEARS, NOT
MENTION (MADHYA PRADESH)
8. VIJAY S/O LATE SHRI POORANLAL AHIRWAR,
AGED ABOUT 42 YEARS, NOT MENTION (MADHYA
PRADESH)
9. SATISH S/O LATE SHRI POORANLAL AHIRWAR,
AGED ABOUT 34 YEARS, NOT MENTION (MADHYA
PRADESH)
10. PRADEEP S/O LATE SHRI BALRAM, AGED ABOUT
42 YEARS, NOT MENTION (MADHYA PRADESH)
11. SMT. ANJU W/O SHRI NANHELAL AHIRWAR D/O
LATE SHRI BALRAM, AGED ABOUT 44 YEARS, R/O
600 PLOT GOURNAGAR, TAHSIL AND DISTRICT
SAGAR M.P. (MADHYA PRADESH)
12. SMT. REKHA W/O SHRI KAMALKISHORE D/O
LATE SHRI BALRAM, AGED ABOUT 49 YEARS, R/O
BEHIND NAGAR PALIKA GANJBASODA, DISTRICT
VIDISHA M.P. (MADHYA PRADESH)
13. SMT. VANDANA D/O LATE SHRI BALRAM, AGED
ABOUT 36 YEARS, R/O GWARIGHAT, JABALPUR
M.P. (MADHYA PRADESH)
14. NEETU W/O SHRI SATISH D/O LATE SHRI
BALRAM, AGED ABOUT 36 YEARS, RAHATGARH
(MADHYA PRADESH)
15. STATE OF MADHYA PRADSH THROUGH
COLLECTOR SAGAR DISTRICT SAGAR (M.P.)
Signature Not Verified
Signed by: ROSHNI SINGH
Signing time: 9/30/2023
11:37:00 AM
3
(MADHYA PRADESH)
.....RESPONDENTS
This petition coming on for admission this day, th e court passed the
following:
ORDER
This petition under Article 227 of Constitution of India, has been filed against the order dated 04/08/2022 passed by Second District Judge, Sagar in Misc. Civil Appeal No.25/2022, by which the appeal filed by the petitioner under Order 43 Rule 1 C.P.C. for grant of temporary injunction has been rejected.
2. It is the case of the petitioner that the petitioner has filed the suit bearing registration No.12-A/2017, Application filed by the petitioner under Order 39 Rule 1 and 2 C.P.C. was rejected by order dated 04.04.2022 passed by Second Civil Judge, Senior Division Sagar and now by the impugned order dated 04.08.2022, the Misc. appeal filed under Order 43 Rule 1 R of C.P.C. has already been rejected. This Court by interim order dated 17.08.2022 has directed the parties to maintain the status quo.
3. Furthermore in the light of Section 52 of transfer of property any alienation without the leave of the Court is statutorily prohibited.
4. Under these circumstances, instead of deciding this petition on merits, this court consider it appropriate to direct the trial Court to decide the suit within a period of six months from today. As already pointed out, the suit was filed in the year, 2017 and six long years have already passed, accordingly, the trial Court if so required may proceed on day to day basis. If any application is filed then either the same shall be decided on the very same day and if any reply Signature Not Verified Signed by: ROSHNI SINGH Signing time: 9/30/2023 11:37:00 AM 4 is required then the same shall be filed by the opposite party on the following day and the application shall be positively decided within four days of filing of the application.
5. Till the final disposal of the suit the interim order dated 17.08.2022 shall continue.
6. With aforesaid observation, the petition is finally disposed of.
(G.S. AHLUWALIA) JUDGE R Signature Not Verified Signed by: ROSHNI SINGH Signing time: 9/30/2023 11:37:00 AM