Madhya Pradesh High Court
Anurag Agrawal vs Kailash 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.5250 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. KAILASH YADAV S/O MISHRILAL YADAV, AGED
ABOUT 48 YEARS, NARMADAPURAM DISTRICT
NARMADAPURAM (MADHYA PRADESH)
2. BHANGU YADAV S/O MISHRILAL YADAV, AGED
ABOUT 54 YEARS, R/O NARMADAPURAM,
DISTRICT NARMADAPURAM (MADHYA
PRADESH)
3. GULLAN D/O MISHRILAL YADAV W/O GUDDU
YADAV, AGED ABOUT 46 YEARS, OCCUPATION:
AGRICULTURE R/O VILLAGE AARI, TEHSIL
BABI (MAKHANNAGAR), DISTRICT
NARMADAPURAM (MADHYA PRADESH)
4. PACHOBAI D/O MISHRILAL YADAV W/O
SHAITAN SINGH YADAV, AGED ABOUT 52
YEARS, OCCUPATION: AGRICULTURE R/O
GRAM MALAKHEDI, TEHSIL AND DISTRICT
NARMADAPURAM (MADHYA PRADESH)
Signature Not Verified
Signed by: PRASHANT
BAGJILEWALE
Signing time: 3/3/2023
6:21:16 PM
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5. HARISHANKAR SHARMA S/O LATE SHRI
SHYAMLAL SHARMA, AGED ABOUT 45 YEARS,
OCCUPATION: COLONIZER R/O 85/11 EKTA
CHOWK, TEHSIL AND DISTRICT
NARMADAPURAM (MADHYA PRADESH)
6. STATE OF MADHYA PRADESH THROUGH
COLLECTOR COLLECTOR OFFICE KOTHI
BAZAAR, NARMADAPURAM (MADHYA
PRADESH)
7. JAVED MOHAMMED KHAN S/O SHRI RAZZAK
MOHAMMAD KHAN, AGED ABOUT 42 YEARS,
R/O NEAR OF ANAND NAGAR SAHU CHAKKI
HOSHANGABAD (MADHYA PRADESH)
8. SHRI JITENDRA SINGH CHAUHAN S/O SHRI
SHYAM SINGH CHAUHAN, AGED ABOUT 31
YEARS, NOT MENTION (MADHYA PRADESH)
9. SHRIMATI SUNITA RAJPUT W/O JITENDRA
SINGH CHAUHAN, AGED ABOUT 28 YEARS, R/O
219 WARD NUMBER 21 PRATAP NAGAR
RASULIA HOSHANGABAD (MADHYA PRADESH)
10. SHRI RAMESH KUMAR S/O SHRI IMARAT,
AGED ABOUT 59 YEARS, R/O AAYUDH NAGAR
ITARSI (MADHYA PRADESH)
11. SHRIMATI BHURIYA BAI W/O SHRI RAMESH
KUMAR, AGED ABOUT 52 YEARS, R/O AAYUDH
NAGAR ITARSI (MADHYA PRADESH)
12. SHRI ANKIT KUMAR MALVIYA S/O SHRI
ANTARAM MALVIYA, AGED ABOUT 29 YEARS,
R/O GLOBAL PARK HARDA BY PASS ROAD
HOSHANGABAD (MADHYA PRADESH)
13. SHRIMATI SHIVANI MALVIYA W/O SHRI ANKIT
MALVIYA, AGED ABOUT 24 YEARS, R/O
GLOBAL PARK HARDA BY PASS ROAD
HOSHANGABAD (MADHYA PRADESH)
Signature Not Verified
Signed by: PRASHANT
BAGJILEWALE
Signing time: 3/3/2023
6:21:16 PM
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14. SHRIMATI JYOTI BANVARI W/O SHRI MANOJ
BANWARI, AGED ABOUT 31 YEARS, R/O
HANUMAN NAGAR RASULIA HOSHANGABAD
(MADHYA PRADESH)
15. SHRI MANOJ BANVARI S/O SHRI MUNSHILAL
BANVARI, AGED ABOUT 43 YEARS, R/O
HANUMAN NAGAR RASULIA HOSHANGABAD
(M. P)
16. JITENDRA MALVIYA S/O SHRI SANTOSH
MALVIYA, AGED ABOUT 34 YEARS, R/O PILI
KHANTI HOSHANGABAD (MADHYA PRADESH)
17. SMT. MINAKSHI W/O SHRI JITENDRA
MALVIYA, AGED ABOUT 33 YEARS, R/O PILI
KHANTI HOSHANGABAD (MADHYA PRADESH)
18. YASHPAL SINGH CHAUDHARI S/O SHRI
MOHANLAL CHAUDHARI, AGED ABOUT 40
YEARS, R/O WARD NUMBER 25,VIKRAM
NAGAR, RASULIA, HOSHANGABAD (M. P)
19. SHRI SATISH KUMAR VERMA S/O LATE SHRI
ANGAD KUMAR VERMA, AGED ABOUT 38
YEARS, R/O PRATAP NAGAR RASULIA
HOSHANGABAD (MADHYA PRADESH)
20. SMT. KRANTI VERMA W/O SHRI SATISH
KUMAR VERMA, AGED ABOUT 28 YEARS, R/O
PRATAP NAGAR RASULIA HOSHANGABAD
(MADHYA PRADESH)
21. MANISH KUMAR GAUR S/O LATE SHRI
RAMESH CHANDRA GAUR, AGED ABOUT 38
YEARS, R/O HOUSE NO. 22 WARD NO. 6 THAKUR
MOHALLA SEONI MALWA (MADHYA PRADESH)
22. SMT. DIVYA GAUR W/O SHRI MANISH KUMAR
GAUR, AGED ABOUT 29 YEARS, R/O HOUSE NO.
22 WARD NO. 6 THAKUR MOHALLA SEONI
MALWA (MADHYA PRADESH)
Signature Not Verified
Signed by: PRASHANT
BAGJILEWALE
Signing time: 3/3/2023
6:21:16 PM
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23. SMT. JYOTI MEHRA W/O SHRI RAKESH KUMAR
MEHRA, AGED ABOUT 29 YEARS, R/O WARD NO.
32 LASHKAR CHOWK GWALTOLI
HOSHANGABAD (MADHYA PRADESH)
24. SHRI SHIVAM SHARMA S/O SHRI RAJESH
SHARMA, AGED ABOUT 28 YEARS, R/O PRATAP
NAGAR RASULIA WARD NO. 25
NARMADAPURAM (MADHYA PRADESH)
25. 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 (M. P)
26. 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)
27. SHRI KUNAL KULSHRESHTH S/O SHRI ANAND
BIHARI KULSHRESHTH, AGED ABOUT 28
YEARS, R/O HANUMAN NAGAR RASULIA
HOSHANGABAD (MADHYA PRADESH)
28. SMT. SAPNA KULSHRESHTH W/O SHRI ANAND
BIHARI KULSHRESHTH, AGED ABOUT 48
YEARS, R/O HANUMAN NAGAR RASULIA
HOSHANGABAD (MADHYA PRADESH)
29. SHRI ANAND BIHARI KULSHRESHTH S/O LATE
SHRI RAMVILAS KULSHRESHTH, AGED ABOUT
54 YEARS, R/O HANUMAN NAGAR RASULIA
HOSHANGABAD (M. P)
30. SMT. AARTI CHAUDHARI W/O SHRI RAJIV
CHAUDHARI, AGED ABOUT 37 YEARS, R/O
SARASWATI NAGAR RASULIA HOSHANGABAD
(M. P)
31. SHRI PRAKASH RAGHUVANSHI S/O SHRI
GULAB SINGH RAGHUVANSHI, AGED ABOUT 45
YEARS, R/O HOUSE NO. 1526/10 SAMDARIYA
Signature Not Verified
Signed by: PRASHANT
BAGJILEWALE
Signing time: 3/3/2023
6:21:16 PM
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COLONY KANCHGHAR HIGH COURT
JABALPUR (MADHYA PRADESH)
32. SHRI RAMSWAROOP DHURVE S/O SHRI
CHHOTELAL DHURVE, AGED ABOUT 56 YEARS,
NOT MENTION (MADHYA PRADESH)
33. SMT. LAKSHMI BAI DHURVE W/O SHRI
RAMSWAROOP DHURVE, AGED ABOUT 52
YEARS, R/O AAYUDH NAGAR, ITARSI (MADHYA
PRADESH)
34. SMT. KAMNA GAUR W/O LATE SHRI ARUN
GAUR, AGED ABOUT 49 YEARS, R/O ABHISHEK
NAGAR RADHE HIGHTS JI 1-1 RASULIA
HOSHANGABAD (MADHYA PRADESH)
35. SHRI HARISHANKAR YADAV S/O SHRI BADRI
PRASAD YADAV, AGED ABOUT 39 YEARS, R/O
PRATAP NAGAR RASULIA HOSHANGABAD
(MADHYA PRADESH)
36. SMT. JAYA YADAV W/O SHRI HARI SHANKAR
YADAV, AGED ABOUT 29 YEARS, R/O PRATAP
NAGAR RASULIA HOSHANGABAD (MADHYA
PRADESH)
37. 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)
38. SMT. MAYABAI SWAMI W/O PRABHU DAYAL
SWAMI, AGED ABOUT 50 YEARS, R/O WARD NO.
4 RATHORE MARG BALAGANJ HOSHANGABAD
(MADHYA PRADESH)
39. SHRI RAHUL MALVIYA S/O RAJESH MALVIYA,
AGED ABOUT 32 YEARS, R/O SARASWATI
NAGAR RASULIA HOSHANGABAD (MADHYA
PRADESH)
40. MRS. RASHMI MALVIYA S/O SHRI RAHUL
MALVIYA, AGED ABOUT 25 YEARS, R/O
Signature Not Verified
Signed by: PRASHANT
BAGJILEWALE
Signing time: 3/3/2023
6:21:16 PM
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SARASWATI NAGAR RASULIA HOSHANGABAD
(MADHYA PRADESH)
41. SHRI HITENDRA SINGH RAJPUT S/O GULAB
SINGH RAJPUT, AGED ABOUT 30 YEARS, R/O
HOUSE NO. 92 VHI GIRI WARD NO. 4 PIPARIYA
HOSHANGABAD (MADHYA PRADESH)
42. SMT. POOJA RAJPUT W/O SHRI HITENDRA
SINGH RAJPUT, AGED ABOUT 27 YEARS, R/O
HOUSE NO. 92 VHI GIRI WARD NO. 4 PIPARIYA
HOSHANGABAD (MADHYA PRADESH)
43. PALLAV DEEWAN S/O LATE SHRI MAHESH
KUMAR DEEWAN, AGED ABOUT 31 YEARS, R/O
WARD NO. 4 RAJENDRA PURA ITARSI
HOSHANGABAD (MADHYA PRADESH)
44. SMT. SAROJ BAI W/O LATE SHRI MAHESH
KUMAR DEEWAN, AGED ABOUT 59 YEARS, R/O
WARD NO. 4 RAJENDRA PURA ITARSI
HOSHANGABAD (MADHYA PRADESH)
45. SHRI KISHANLAL DUNGARIYA S/O GENDALA
DUNGARIYA, AGED ABOUT 47 YEARS, R/O
WARD NO. 20 BENGALI COLONY
HOSHANGABAD (M. P)
46. SMT. ANITA YADAV W/O SHRI SHRAVAN KUMAR
YADAV, AGED ABOUT 35 YEARS, R/O GRAM
ROHANA TAHSIL HOSHANGABAD (MADHYA
PRADESH)
47. SMT. CHANDRAKALA UAIKE W/O SHRI
KAMLESH, AGED ABOUT 33 YEARS, R/O PLOT
NO. 242 WARD NO. 4 RAJKUMAR GENERAL
STORE KE PASS SUKHTAWA ITARSI (MADHYA
PRADESH)
48. MAMTA SOLANKI W/O JITENDRA SINGH
SOLANKI, AGED ABOUT 33 YEARS, R/O VIKRAM
NAGAR RASULIA HOSHANGABAD (M. P)
Signature Not Verified
Signed by: PRASHANT
BAGJILEWALE
Signing time: 3/3/2023
6:21:16 PM
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49. JITENDRA SINGH SOLANKI S/O SHRI VIJAY
SINGH SOLANI, AGED ABOUT 43 YEARS, R/O
VIKRAM NAGAR RASULIA HOSHANGABAD (M.
P)
50. SHRI RAM VILAS SARATHE S/O SHRI BADRI
PRASAD SARATHE, AGED ABOUT 49 YEARS, R/O
VILLAGE BAIRAKHEDI POST SAVALKHEDA
TAHSIL DOLRIA DISTRICT HOSHANGABAD
(MADHYA PRADESH)
51. MRS. SAVITA BHAI SARATHI W/O SHRI RAM
VILAS SARATHE, AGED ABOUT 47 YEARS, R/O
VILLAGE BAIRAKHEDI POST SAVALKHEDA
TAHSIL DOLRIA DISTRICT HOSHANGABAD
(MADHYA PRADESH)
52. SHRI PREM NARAYAN VISHWAKARMA S/O
SHRI RAGHUNATH VISHWAKARMA, AGED
ABOUT 59 YEARS, RESIDENCY GWALTOLI
WARD NUMBER 30 HOSHANGABAD (MADHYA
PRADESH)
53. SHRI RAHUL SHARMA S/O SHRI KRISHNA
SHARMA, AGED ABOUT 30 YEARS, RESIDENCY
AADARSH NAGAR HOUSING BOARD COLONY
HOSHANGABAD (MADHYA PRADESH)
54. MRS. SONAL SHARMA W/O SHRI RAHUL
SHARMA, AGED ABOUT 29 YEARS, RESIDENCY
AADARSH NAGAR HOUSING BOARD COLONY
HOSHANGABAD (MADHYA PRADESH)
55. MESSAGE SONIA JATAV W/O SHRI MAHESH
CHANDRA JATAV, AGED ABOUT 32 YEARS,
RESIDENCY MAHIMA NAGAR SPM
HOSHANGABAD (MADHYA PRADESH)
56. MRS. ANOKHI SHROTI W/O SHRI VINOD
KUMAR SHROTI, AGED ABOUT 52 YEARS,
RESIDENCE THE DAMADIA POST
CHATARKHEDA TAHSIL SEONI MALWA
Signature Not Verified
Signed by: PRASHANT
BAGJILEWALE
Signing time: 3/3/2023
6:21:16 PM
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DISTRICT HOSHANGABAD (MADHYA
PRADESH)
57. SHRI BHAVISHYA SHROTI S/O SHRI VINOD
KUMAR SHROTI, AGED ABOUT 29 YEARS,
RESIDENCE THE DAMADIA POST
CHATARKHEDA TAHSIL SEONI MALWA
DISTRICT HOSHANGABAD (MADHYA
PRADESH)
58. SHRI YOGESH KUMAR BHATT S/O SHRI
SHIVKANT BHATT, AGED ABOUT 39 YEARS,
RESIDENCY ABHISHEK NAGAR RASULIA
HOSHANGABAD (MADHYA PRADESH)
59. MRS. SHIVANI BHATT W/O SHRI YOGESH
KUMAR BHATT, AGED ABOUT 29 YEARS,
RESIDENCY ABHISHEK NAGAR RASULIA
HOSHANGABAD (MADHYA PRADESH)
60. SHRI LAKHAN PAROLKAR S/O ISHWARLAL
PAROLKAR, AGED ABOUT 43 YEARS,
RESIDENCY WAR NUMBER 33 SANJAY NAGAR
RASULIA HOSHANGABAD (MADHYA PRADESH)
61. MRS. KIRTI CHAURE W/O SHRI ASHOK
CHAURE, AGED ABOUT 31 YEARS, R/O
HANUMAN NAGAR RASULIA HOSHANGABAD
(M. P)
62. MRS VIDYA CHOUDHARY W/O SHRI RAJESH
CHOUDHARY, AGED ABOUT 44 YEARS,
VILLAGE BYAVARA TAHSIL AND DISTRICT
HOSHANGABAD (MADHYA PRADESH)
63. MRS REKHA CHAURE W/O SHRI SURENDRA
CHAURE, AGED ABOUT 46 YEARS,
OCCUPATION: SHRI SURENDRA CHAURE
MALVIYA COLONY BHARTI ITARSI
HOSHANGABAD (MADHYA PRADESH)
64. MRS SHEETAL PAROLKAR W/O SHRI
RAJENDRA PAROLKAR, AGED ABOUT 32
Signature Not Verified
Signed by: PRASHANT
BAGJILEWALE
Signing time: 3/3/2023
6:21:16 PM
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YEARS, WARD NUMBER 33 SANJAY NAGAR
GWALTOLI HOSHANGABAD (MADHYA
PRADESH)
65. MRS SHIVA NAGVANSHI W/O RUKMESH
NAGVANSHI, AGED ABOUT 32 YEARS, VILLAGE
BUDHWARA TEHSIL AND DISTRICT
HOSHANGABAD (MADHYA PRADESH)
66. SHRI SHRAVAN KUMAR YADAV S/O LATE SHRI
CHHOTE LAL YADAV, AGED ABOUT 40 YEARS,
VILLAGE RAHANA TAHSIL AND DISTRICT
HOSHANGABAD (MADHYA PRADESH)
67. SHRI VIJAY SINGH RAJPUT S/O PRATAP SINGH
RAJPUT, AGED ABOUT 28 YEARS, R/O PRATAP
NAGAR RASULIA HOSHANGABAD (MADHYA
PRADESH)
68. MRS MONIKA RAJPUT W/O SHRI VIJAY SINGH
RAJPUT, AGED ABOUT 27 YEARS, R/O PRATAP
NAGAR RASULIA HOSHANGABAD (M. P)
69. SHRI ASHOK PALIWAL S/O SHRI NANDLAL
PALIWAL, AGED ABOUT 55 YEARS, WARD
NUMBER 23 MARUTI NAGAR RASULIA
HOSHANGABAD (MADHYA PRADESH)
70. SHRI SHUBHANG SHARMA S/O SHRI RAJESH
SHARMA, AGED ABOUT 34 YEARS, 11 LEN
ITARSI HOSHANGABAD (MADHYA PRADESH)
71. SHRI RAKESH RAJPUT S/O MANOHAR SINGH
RAJPUT, AGED ABOUT 29 YEARS, VILLAGE
ROHANA TAHSIL AND DISTRICT
HOSHANGABAD (MADHYA PRADESH)
72. SHRI MAYANK CHAUHAN S/O RADHESHYAM
CHAUHAN, AGED ABOUT 90 YEARS, VILLAGE
ROHANA TAHSIL AND DISTRICT
HOSHANGABAD (MADHYA PRADESH)
73. SHRI RAKESH RAJPUT S/O SHRI KAMAL SINGH
RAJPUT, AGED ABOUT 37 YEARS, VILLAGE
Signature Not Verified
Signed by: PRASHANT
BAGJILEWALE
Signing time: 3/3/2023
6:21:16 PM
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PAGDHAL POST PAGDHAL TAHSIL SEONI
MALWA DISTRICT HOSHANGABAD (M. P)
74. DWARKA PRASAD VISHWAKARMA S/O
MUNSHILAL VISHWAKARMA, AGED ABOUT 55
YEARS, BEHIND OF MAHINDRA SHOWROOM
GAUTAM NAGAR RASULIYA HOSHANGABAD
(MADHYA PRADESH)
75. RAKESH RAJPUT S/O SHRI MANOHAR SINGH
RAJPUT, AGED ABOUT 31 YEARS, VILLAGE
ROHANA TAHSIL AND DISTRICT
HOSHANGABAD (MADHYA PRADESH)
76. SHRI MAYAK CHAUHAN S/O SHRI RADHE
SHYAM CHAUHAN, AGED ABOUT 21 YEARS,
VILLAGE ROHANA TAHSIL AND DISTRICT
HOSHANGABAD (MADHYA PRADESH)
77. SHRI SANJAY GAUR S/O LATE SHRI AJIT GAUR,
AGED ABOUT 18 YEARS, R/O PRATAP NAGAR
RASULIA HOSHANGABAD (MADHYA PRADESH)
78. SHRI VINOD KUMAR RAJORIYA S/O SHRI
SHADILAL RAJORIYA, AGED ABOUT 43 YEARS,
VILLAGE BUDHWARA TAHSIL AND DISTRICT
HOSHANGABAD (MADHYA PRADESH)
79. PARAM SUKH GARHWAL S/O SHREE DINDAYAL
GARHWAL, AGED ABOUT 48 YEARS,
RESIDENCY VILLAGE MISORD HOUSE
NUMBER 229 NEAR OF SOCIETY WARD
NUMBER 15 TEHSIL DOLRIA DISTRICT
HOSHANGABAD (MADHYA PRADESH)
80. MRS. REKHA GARHWAL W/O PARAN SUKH
GARHWAL, AGED ABOUT 42 YEARS,
RESIDENCY VILLAGE MISORD HOUSE
NUMBER 229 NEAR OF SOCIETY WARD
NUMBER 15 TEHSIL DOLRIA DISTRICT
HOSHANGABAD (MADHYA PRADESH)
Signature Not Verified
Signed by: PRASHANT
BAGJILEWALE
Signing time: 3/3/2023
6:21:16 PM
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81. SHRI DEEPAK BHATT S/O JITENDRA BHATT,
AGED ABOUT 54 YEARS, RESIDENCY WARD
NUMBER 25 PRATAP NAGAR RASULIA
HOSHANGABAD (MADHYA PRADESH)
82. MRS. REKHA BHATT W/O SHRI DEEPAK BHATT,
AGED ABOUT 49 YEARS, RESIDENCY WARD
NUMBER 25 PRATAP NAGAR RASULIA
HOSHANGABAD (MADHYA PRADESH)
83. SHRI SHUBHAM RAJPUT S/O AMAR SINGH
RAJPUT, AGED ABOUT 25 YEARS, RESIDENCY
VILLAGE DHABA KALA POST DHABA KHURD
TAHSIL DHOLRIYA DISTRICT HOSHANGABAD
(MADHYA PRADESH)
84. LAKSHMI SHARAN FAUJDAR S/O SHRI RSS
FAUJDAR, AGED ABOUT 34 YEARS, RESIDENCY
WARD NUMBER 21 RAGHAV NAGAR RASULIA
HOSHANGABAD (MADHYA PRADESH)
85. MRS BHARTI FAUJDAR W/O SHRI LAKSHMI
SHARAN FAUJDAR, AGED ABOUT 31 YEARS,
RESIDENCY WARD NUMBER 21 RAGHAV
NAGAR RASULIA HOSHANGABAD (M. P)
86. MANJU GAUR W/O SHRI PAWAN GAUR, AGED
ABOUT 33 YEARS, RESIDENCY VILLAGE POST
MISROD TAHSIL DOLRIA DISTRICT
HOSHANGABAD (MADHYA PRADESH)
87. LALIT GAUR S/O SHRI ASHOK KUMAR GAUR,
AGED ABOUT 33 YEARS, RESIDENCY QUARTER
NUMBER 3 501 TYPE C AYUDH NAGAR ITARSI
HOSHANGABAD (MADHYA PRADESH)
88. VIKAS GAUR S/O SHRI ASHOK KUMAR GAUR,
AGED ABOUT 30 YEARS, RESIDENCY QUARTER
NUMBER 3 501 TYPE C AYUDH NAGAR ITARSI
HOSHANGABAD (MADHYA PRADESH)
89. SHIVANI SHUKLA JOSHI W/O PRIYESH JOSHI,
AGED ABOUT 32 YEARS, RESIDENCY 94
Signature Not Verified
Signed by: PRASHANT
BAGJILEWALE
Signing time: 3/3/2023
6:21:16 PM
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CHOURE GALI KOTHI BAJAR HOSHANGABAD
(MADHYA PRADESH)
90. RAJNI NIRANJAN W/O SHRI PRADESH
NIRANJAN, AGED ABOUT 33 YEARS,
RESIDENCY VIKRAM NAGAR RASULIA
HOSHANGABAD (MADHYA PRADESH)
91. ROHIT RAJPUT S/O SHRI SS RAJPUT, AGED
ABOUT 33 YEARS, RESIDENCY SARASWATI
NAGAR RASULIA HOSHANGABAD (MADHYA
PRADESH)
92. MRS. KALPANA RAJPUT W/O SHRI ROHIT
RAJPUT, AGED ABOUT 29 YEARS, RESIDENCY
SARASWATI NAGAR RASULIA HOSHANGABAD
(MADHYA PRADESH)
93. BASANT KUMAR GAUR S/O LATE SHRI
RAMLAL GAUR, AGED ABOUT 51 YEARS,
RESIDENCY RAJGHAT ROAD JUMERATI
HOSHANGABAD (MADHYA PRADESH)
94. AJAY MEHRA S/O SHRI BANVARI LAL MEHRA,
AGED ABOUT 44 YEARS, RESIDENCY WARD
NUMBER 3 TAVANAGAR RANIPUR TAHSIL
ITARSI DISTRICT HOSHANGABAD (MADHYA
PRADESH)
95. MRS ANNPURNA MEHRA W/O SHRI AJAY
MEHRA, AGED ABOUT 40 YEARS, RESIDENCY
WARD NUMBER 3 TAVANAGAR RANIPUR
TAHSIL ITARSI DISTRICT HOSHANGABAD
(MADHYA PRADESH)
96. SHAILESH THAKUR S/O SHRI ASHOK KUMAR
THAKUR, AGED ABOUT 30 YEARS, RESIDENCY
AYUDH NIRMAN ITARSI HOSHANGABAD (M. P)
97. PRAVEEN KUMAR TIWARI S/O KRISHNA
KUMAR TIWARI, AGED ABOUT 48 YEARS,
RESIDENCY 29 HARSH NAGAR ITI ROAD
HOSHNAGABAD (MADHYA PRADESH)
Signature Not Verified
Signed by: PRASHANT
BAGJILEWALE
Signing time: 3/3/2023
6:21:16 PM
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98. RAJENDRA KUMAR TIWARI S/O RAMESHWAR
PRASAD TIWARI, AGED ABOUT 65 YEARS, NOT
MENTION (MADHYA PRADESH)
99. MRS. SWARNALATA TIWARI W/O SHRI
RAJENDRA KUMAR TIWARI, AGED ABOUT 63
YEARS, RESIDENCY AYUDH NAGAR ITARSI
TAHSIL ITARSI DISTRICT HOSHANGABAD
(MADHYA PRADESH)
100. KRITIKA MEENA W/O SHRI NILESH MEENA,
AGED ABOUT 30 YEARS, RESIDENCY WARD
NUMBER 19 SHIV COLONY ITI ROAD
HOSHNAGABAD (MADHYA PRADESH)
101. SOMA PANDEY W/O ARVIND PANDEY, AGED
ABOUT 33 YEARS, RESIDENCY CHANDAN
NAGAR FES 2 RASULIA HOSHANGABAD
(MADHYA PRADESH)
102. NEETA THAKUR W/O SHRI SHAILESH THAKUR,
AGED ABOUT 28 YEARS, RESIDENCY GLOBAL
LAKE CITY COLONY HARDA BY PASS
HOSHANGABAD (MADHYA PRADESH)
103. ROSHAN SINGH UNKE S/O SHRI SALIGRAM,
AGED ABOUT 33 YEARS, RESIDENCY WARD
NUMBER 22 HOUSE NUMBER 1/151 S.P.M.
COLONY HOSHANGABAD (MADHYA PRADESH)
104. MRS. KUNTI UIKEY W/O SHRI SHALIGRAM
UIKEY, AGED ABOUT 67 YEARS, RESIDENCY
WARD NUMBER 22 HOUSE NUMBER 1/151 S.P.M.
COLONY HOSHANGABAD (M. P)
105. SHRI ABHISHEK DIKSHIT S/O SHRI MADAN
MOHAN DIKSHIT, AGED ABOUT 38 YEARS,
RESIDENCY 5/52 AZAD WARD NASIRABAD
ROAD BABAI TAHSIL BABAI DISTRICT
HOSHANGABAD (MADHYA PRADESH)
106. MRS KAUSHLYA BHAI W/O SHRI RAMESH
PRASAD, AGED ABOUT 46 YEARS, RESIDENCY
Signature Not Verified
Signed by: PRASHANT
BAGJILEWALE
Signing time: 3/3/2023
6:21:16 PM
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VILLAGE KIRMAKORIYA TAHSIL BUDHNI
DISTRICT SEHORE (M. P)
107. ATUL DUBE S/O SHRI SHIVNARAYAN RAMESH
PRASAD, AGED ABOUT 46 YEARS, RESIDENCY
VILLAGE KIRMAKORIYA TAHSIL BUDHNI
DISTRICT SEHORE (M. P)
108. MRS ROMAN DUBEY W/O SHRI ATUL DUBEY,
AGED ABOUT 34 YEARS, RESIDENCY PRATAP
NAGAR RASULIYA HOSHANGABAD (MADHYA
PRADESH)
109. SANJEET RAJORIYA S/O SHRI SHER SINGH
RAJORIYA, AGED ABOUT 33 YEARS,
RESIDENCY SARASWATI NAGAR RASULIA
HOSHANGABAD (MADHYA PRADESH)
110. ANJANA UPADHYAY W/O SHRI SATISH KUMAR
UPADHYAY, AGED ABOUT 47 YEARS,
RESIDENCY WARD NUMBER 20 PRATAP NAGAR
RASULIYA HOSHANGABAD (M. P)
111. MRS. KSHMA MALVIYA W/O SHRI ASHOK
MALVIYA, AGED ABOUT 47 YEARS, R/O
VILLAGE KHARKHARI TAHSIL DHOLRIYA
DISTRICT HOSHANGABAD (MADHYA
PRADESH)
112. MRS SEEMA KUMAR MAJUMDAR S/O LATE
SHRI VIDHYAN CHAND MAJUMDAR, AGED
ABOUT 50 YEARS, R/O AYUDDH NAGAR ITARSI
HOSHANGABAD (MADHYA PRADESH)
113. SHRI VINAY KUMAR MAJUMAR S/O LATE SHRI
VIDHYAN CHAND MAJUMAR, AGED ABOUT 30
YEARS, R/O AYUDDH NAGAR ITARSI
HOSHANGABAD (MADHYA PRADESH)
114. SHRI VIJAY MAJUMAR S/O LATE SHRI
VIDHYAN CHAND MAJUMDAR, AGED ABOUT 26
YEARS, R/O AYUDDH NAGAR ITARSI
HOSHANGABAD (MADHYA PRADESH)
Signature Not Verified
Signed by: PRASHANT
BAGJILEWALE
Signing time: 3/3/2023
6:21:16 PM
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115. SHRI DUSHYANT PANDEY S/O SHRI OM
PRAKASH PANDEY, AGED ABOUT 30 YEARS,
RESIDENCY VIKRAM NAGAR RASULIA
HOSHANGABAD (MADHYA PRADESH)
116. OM PRAKASH PANDEY S/O SHRI RAMDAYAL
PANDEY, AGED ABOUT 61 YEARS, RESIDENCY
VIKRAM NAGAR RASULIA HOSHANGABAD (M.
P)
117. SARIKA MINA W/O SHRI SUNIL MEENA, AGED
ABOUT 39 YEARS, RESIDENCY WARD NUMBER
24 MANGAL BHAVAN RASULIYA
HOSHANGABAD (MADHYA PRADESH)
118. NITIN KUMAR PATEL S/O SHRI RAJENDRA
PRAKASH PATEL, AGED ABOUT 34 YEARS,
RESIDENCY WARD NUMBER 25 YADAV CHAKKI
ROAD VIKRAM NAGAR RASULIYA
HOSHANGABAD (MADHYA PRADESH)
119. PRAFULL GAUR S/O HUKUMCHAND GAUR,
AGED ABOUT 34 YEARS, R/O PRATAP NAGAR
RASULIA HOSHANGABAD (MADHYA PRADESH)
120. SUNITA VERMA W/O SHRI AMIT KUMAR
VERMA, AGED ABOUT 42 YEARS, RESIDENCY
CHANDAN NAGAR PHASE 1 RASULIYA
HOSHANGABAD (MADHYA PRADESH)
121. SHRI AMIT KUMAR VERMA S/O SHRI RADHE
SHYAM VERMA, AGED ABOUT 42 YEARS,
RESIDENCY CHANDAN NAGAR PHASE 1
RASULIYA HOSHANGABAD (M. P)
122. RAJIV PRAJAPATI S/O GOPAL PRASAD
PRAJAPATI, AGED ABOUT 27 YEARS,
RESIDENCY WARD NUMBER 22 HANUMAN
NAGAR RASULIA HOSHANGABAD (MADHYA
PRADESH)
123. VINAY VERMA S/O SHRI RAM PRASAD VERMA,
AGED ABOUT 22 YEARS, RESIDENCY VILLAGE
Signature Not Verified
Signed by: PRASHANT
BAGJILEWALE
Signing time: 3/3/2023
6:21:16 PM
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RADHAL POST HASALPUR TAHSIL AND
DISTRICT HOSHANGABAD (MADHYA
PRADESH)
124. MRS MANJU BHAI VERMA W/O SHRI RAM
PRASAD VERMA, AGED ABOUT 59 YEARS,
RESIDENCY VILLAGE RADHAL POST
HASALPUR TAHSIL AND DISTRICT
HOSHANGABAD (MADHYA PRADESH)
125. ASHISH MALVIYA S/O KANCHEDI LAL
MALVIYA, AGED ABOUT 33 YEARS, RESIDENCY
TARAHATA ROAD HOSHANGABAD (MADHYA
PRADESH)
126. MAMTA MEHRA W/O SHRI R.D. MEHRA, AGED
ABOUT 52 YEARS, RESIDENCY ABHISHEK
NAGAR RASULIA HOSHANGABAD (MADHYA
PRADESH)
127. MONU CHAUK SE S/O LATE SHRI RAMDIN
CHOWK SE, AGED ABOUT 34 YEARS, CHOWK
KE RESIDENCY ABHISHEK NAGAR RASULIYA
HOSHANGABAD (MADHYA PRADESH)
128. HIMANSHU MALVIYA S/O SHRI RAMESH
MALVIYA, AGED ABOUT 29 YEARS, R/O
HANUMAN NAGAR RASULIA HOSHANGABAD
(MADHYA PRADESH)
129. MRS RAMAVATI MALVIYA W/O SHRI RAMESH
MALVIYA, AGED ABOUT 60 YEARS, R/O
HANUMAN NAGAR RASULIA HOSHANGABAD
(MADHYA PRADESH)
130. SANTOSH RAGHUVANSHI S/O LATE VIJAY
SINGH RAGHUVANSHI, AGED ABOUT 33 YEARS,
RESIDENCY VILLAGE TEHSIL SEONI MALWA
DISTRICT HOSHANGABAD (MADHYA
PRADESH)
131. RAMESH KUMAR VERMA S/O NARAYAN DAS
VERMA MUKHYA LIPIK NAGAR PALIKA
Signature Not Verified
Signed by: PRASHANT
BAGJILEWALE
Signing time: 3/3/2023
6:21:16 PM
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PARISHAD HOSHANGABAD VASTE MUKHYA
NAGAR PALIKA ADHIKARI HOSHANGABAD
(MADHYA PRADESH)
132. 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 Signature Not Verified Signed by: PRASHANT BAGJILEWALE Signing time: 3/3/2023 6:21:16 PM
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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 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 Signature Not Verified Signed by: PRASHANT BAGJILEWALE Signing time: 3/3/2023 6:21:16 PM
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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- 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 Signature Not Verified Signed by: PRASHANT BAGJILEWALE Signing time: 3/3/2023 6:21:16 PM
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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.
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