Research › Search › Judgment

High Court of Madhya Pradesh · body

2025 DAILYLAW 762 (MP)

SURESH CHAND MARAIYA (SHARMA) v. NITIN KUMAR

MP/3204/2021 · 2025-03-07

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE AVANINDRA KUMAR SINGH ON THE 9th OF NOVEMBER, 2023 MISC. PETITION No. 3204 of 2021 BETWEEN:- SURESH CHAND MARAIYA (SHARMA) S/O MADANLAL MARIYA SHARMA, AGED ABOUT 73 YEARS, JAWAHAR MARG, DISTT. MORENA AT CHAMBLE COLONY ROAD SABALGAD (MADHYA PRADESH) .....PETITIONER (BY SHRI SURESH AGRAWAL - ADVOCATE) AND 1. NITIN KUMAR S/O LATE SHRI BHASKAR NARAYAN MARAIYA, AGED ABOUT 27 YEARS, JAWAHAR MARG, KAILARAS, MORENA (MADHYA PRADESH) 2. BHANU ALIAS JAY S/O LATE SHRI BHASKAR NARAYAN MARAIYA JAWAHAR MARG, KAILARAS, MORENA (MADHYA PRADESH) 3. VINAY ALIAS CHOOT S/O LATE SHRI BHASKAR NARAYAN MARAIYA JAWAHAR MARG, KAILARAS, MORENA (MADHYA PRADESH) 4. SHIVA DEVI W/O SHRI BHASKAR NARAYAN SHARMA, AGED ABOUT 47 YEARS, JAWAHAR MARG, KAILARAS, MORENA (MADHYA PRADESH) 5. BRIJESH NARAYAN S/O SURESH CHAND MARAIYA, AGED ABOUT 37 YEARS, JAWAHAR MARG, KAILARAS, MORENA (MADHYA PRADESH) 6. AMIT NARAYAN S/O SURESH CHAND MARAIYA JAWAHAR MARG, KAILARAS, MORENA (MADHYA PRADESH) 7. YOGESH NARAYAN S/O SURESH CHAND 1 Signed by: ADNAN HUSAIN ANSARI Signing time: 10-11-2023 05:49:33 Signature Not Verified (AVANINDRA KUMAR SINGH) JUDGE M A R A I YA JAWAHAR MARG, KAILARAS, MORENA (MADHYA PRADESH) .....RESPONDENTS (BY SHRI ROHIT BANSAL - ADVOCATE FOR RESPONDENTS NO.2 TO 4) This petition coming on for hearing this day, the court passed the following: ORDER Notice for respondents No.1,5,6 and 7 are not issued. The learned trial Court in Civil Suit No.15-A/19 on an application by defendant No.7 Suresh Chandra allowed the temporary injunction application and injuncted defendants No.1 to 4 not to raise any construction. The learned First appellate Court on an appeal by the defendants No.1 to 4, allowed the Miscellaneous Appeal and set-aside the order. The defendant No.7/petitioner is before this Court. Learned counsel for the petitioner submits that this petition may be disposed of to maintain status-quo and decide the suit expeditiously within six months. Therefore, on request of both the parties, this petition is disposed of with the direction that the suit may be decided expeditiously by the learned trial Court within six months. Meanwhile, the parties shall not raise the construction over the suit property by themselves or through any other person. Let the copy of this order be sent to the concerned Court. mani 2 Signed by: ADNAN HUSAIN ANSARI Signing time: 10-11-2023 05:49:33