RAMESH Vs. RAMGOPAL

JUDGEMENT

(1.) Heard finally, with the consent of the parties.

(2.) This review petition has been filed the petitioners under Order XLVII Rule 1 of CPC read with Chapter 4 Rule 13 of the High Court of Madhya Pradesh Rules, 2008 for review of the order passed by this Court in W.P. No.11457 of 2022 dtd. 13/6/2022 whereby the petition was allowed to be withdrawn with liberty to file a Civil Suit. Subsequently, a Civil Suit No.803-A/2022 was also filed by the respondent No.1 stating that he has been directed by the High Court to file the civil suit and when an application under Order 7 Rule 11 of CPC was filed, the trial Court relying upon the order passed by this Court on 13/6/2022 in W.P. No.11457 of 2022, which led the petitioners to file a Writ Appeal No.1043 of 2022, which was decided on 7/9/2022 whereby the Division Bench of this Court has observed that the proper remedy available to the appellants is to file a review petition. Petitioners' grievance is that the word liberty to file a civil suit has been misused by the respondent No.1 and thus, the present review petition has come to be filed. The delay in filing the review petition has already been condoned by this Court on 11/10/2022 and the order passed by this Court in W.P. No.11457 of 2022 has already been stayed.

(3.) Senior counsel for the petitioners has drawn the attention of this Court to the pleadings of the civil suit, which has been filed by the respondent No.1 in paras 4 and 9 and also to the reply filed by the plaintiff to the application filed by the petitioners under Order 7 Rule 11 of CPC before the trial Court in para 3 and it is submitted that the plaintiff has clearly misused the liberty extended by this Court in W.P. No.11457 of 2022 and has in fact played a fraud with the Court in making such averments in the civil suit and interpreting in such manner the order passed by this Court to suit his purpose. Thus, it is submitted that in such circumstances, when the order has been misused by the respondent No.1/plaintiff in filing the civil suit, it deserves to be recalled. Senior counsel has also relied upon a decision rendered by the Supreme Court in the case of Union of India and others Vs. M.K. Sarkar reported as (2010) 2 SCC 59 paras 15 and 16. Thus, it is submitted that the order passed by this Court be recalled and the petition be allowed with costs.