Madhya Pradesh High Court
Dhanuka Soya Private Ltd. Through ... vs M/S Mulchand Golpikishan Through ... on 24 March, 2025
Author: Prem Narayan Singh
Bench: Prem Narayan Singh
NEUTRAL CITATION NO. 2025:MPHC-IND:7734
1 MP-1260-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
ON THE 24th OF MARCH, 2025
MISC. PETITION No. 1260 of 2025
DHANUKA SOYA PRIVATE LTD. THROUGH MANAGER
SANKET
Versus
M/S MULCHAND GOLPIKISHAN THROUGH PROPRIETOR
VIJAY KUMAR AND OTHERS
Appearance:
Shri Satish Jain - advocate for the petitioner.
ORDER
By this petition under Article 227 of Constitution of India, petitioner has challenged the impugned order dated 03.03.2025 passed by 2nd Civil Judge Senior Division, Khategaon, District Dewas in RCS 2B/2022 whereby the application under Section 151 of CPC, preferred by the petitioner has been rejected.
2. During the course of arguments learned counsel stressed on statement of plaintiff Vijay Garg and on that basis he submitted that territorial jurisdiction be changed, actually when the impugned order was passed the evidence has not been adduced before the trial Court. At this stage learned counsel prays for withdrawal of the petition with direction to the trial Court to decide the preliminary suit No.5 on the basis of evidence adduced before that Court afresh.
Signature Not Verified Signed by: SUMATHI JAGADEESAN Signing time: 3/25/2025 10:50:47 AMNEUTRAL CITATION NO. 2025:MPHC-IND:7734 2 MP-1260-2025
3. In view of the aforesaid this petition is dismissed as withdrawn with direction that the trial Court will be at its liberty to decide the issue no.5 afresh on the basis of the evidence, if need arises.
Certified copy, as per Rules.
(PREM NARAYAN SINGH) JUDGE sumathi Signature Not Verified Signed by: SUMATHI JAGADEESAN Signing time: 3/25/2025 10:50:47 AM