LAXMINARAYAN Vs. SHIVLAL GUJAR

JUDGEMENT

(1.) THE respondent no. 1 raised a preliminary objection that this appeal has been filed against the judgment and decree of Single Bench in First Appeal no. 50/ 96 ( Laxmi Narayan Vs. Shivlal Gujar and others) dated 19. 6. 2000 by which the judgment and decree passed by the 1st Additional Judge to the Court of District judge, Hoshangabad at Harda in Civil Suit No. 13-A/1978 dated 8. 1. 1996 was partly modified, but in view of Madhya Pradesh Uchcha Nyayalaya (Letters patent Appeals Samapti)Adhiniyam, 1981 (29 of 1981), this appeal is not maintainable. He places reliance to a judgment of the Apex Court in Jamshed N. Guzdar v. State of Maharashtra Judgments Today 2005 (1)SC 370, a full bench judgment of this Court in Shashi Bai vs. Revav Bai [2008 (1)MPLJ 92 and submitted that this appeal may be dismissed.

(2.) SHRI Bhowmik, appearing for the appellant, submitted that against the order passed by this Court on 19. 6. 2000, the appellant preferred an S. L. P. before the apex Court which was registered as Civil Appeal No. 3547/2006 and decided finally on 18th August, 2006 by which the Apex Court directed the appellant for restoration of LPA by filing an application before the High Court and to decide the LPA on merits. Thereafter as per the order of this Court dated 27. 8. 08, the appellant herein again approached to the apex Court by filing interlocutory application no. 5/2009 in Civil Appeal No. 3547/2006, but the Apex Court in view of the earlier order dated 18th August, 2006 directed appellant to press his appeal before this Court. So this matter deserves to be heard on merits.

(3.) TO appreciate the aforesaid contention, some factual part of the case deserves to be stated. The appellant Laxminarayan was defendant in the trial court. The trial Court decreed the suit of plaintiff respondent Shivlal Gujar by declaring the share of the plaintiff and defendant and for partition of the suit property. Against the judgment of the Additional Judge to the Court of District judge, Hoshangabad at Harda in Civil Suit No. 13-A/78 dated 8. 1. 1996, the appellant laxmi Narayan filed First Appeal no. 50/1996 before this Court and the Single judge of this Court allowed the appeal partly against which the appellant herein filed an LPA. under clause 10 of Letter Patent on 30th October, 2000.