Madhya Pradesh Pensioner\'s Samaj Vs. the State of Madhya Pradesh - Court Judgment

SooperKanoon Citationsooperkanoon.com/1053873
CourtMadhya Pradesh High Court
Decided OnJun-27-2013
AppellantMadhya Pradesh Pensioner\\\'s Samaj
RespondentThe State of Madhya Pradesh
Excerpt:
1 w.a.no.337/2013 m.p.pensioner's samaj state of m.p.& others 27.6.2013 shri a.k.tiwari, counsel for appellant. shri piyush dharmadhikari, ga for respondents/state. this petition is directed against an order dated 8.3.2013 in w.p.no.3428/2013 by which the writ petition preferred by the appellant for re-opening of the seal from the office of the pensioners.samaj was rejected on the ground that there is a dispute in two groups. both are claiming the same office. a civil suit is pending before the 4th civil judge class-ii, jabalpur in which an application for temporary injunction has already been rejected. the writ court dismissed the writ petition with liberty to the appellant to get adjudicated the dispute in civil suit. this order is under challenged in this appeal. from the perusal of the record, we find that another writ petition registered as w.p.no.2235/2013 in respect of same subject-matter is pending before the writ court, in which an interim direction has been issued on 18.2.2013. the appellant herein is also party as respondent no.3 in the said writ petition. for the same property, another writ petition is pending before the writ court. the appellant herein may move an appropriate application for expeditious hearing of the writ petition bearing w.p.no.2235/2013. apart from this, if the civil suit is still pending in respect of the same subject-matter before the 4th civil judge class-ii, jabalpur, the parties may move an appropriate application before the civil court for expeditious hearing of the civil suit bearing c.s.no.231a/2012. the civil court is also directed to decide the suit expeditiously as far as possible within a period of six months from the date of communication of this order. the appeal is disposed of finally, with no order as to costs. (krishn kumar lahoti) (subhash kakade) c. acting chief justice judge 2 w.a.no.337/2013 m.p.pensioner's samaj state of m.p.& others 27.6.2013 c.
Judgment:

1 W.A.No.337/2013 M.P.Pensioner's Samaj State of M.P.& others 27.6.2013 Shri A.K.Tiwari, Counsel for appellant.

Shri Piyush Dharmadhikari, GA for respondents/State.

This petition is directed against an order dated 8.3.2013 in W.P.No.3428/2013 by which the writ petition preferred by the appellant for re-opening of the seal from the office of the PensioneRs.Samaj was rejected on the ground that there is a dispute in two groups.

Both are claiming the same office.

A civil suit is pending before the 4th Civil Judge Class-II, Jabalpur in which an application for temporary injunction has already been rejected.

The Writ Court dismissed the writ petition with liberty to the appellant to get adjudicated the dispute in civil suit.

This order is under challenged in this appeal.

From the perusal of the record, we find that another writ petition registered as W.P.No.2235/2013 in respect of same subject-matter is pending before the writ Court, in which an interim direction has been issued on 18.2.2013.

The appellant herein is also party as respondent No.3 in the said writ petition.

For the same property, another writ petition is pending before the writ Court.

The appellant herein may move an appropriate application for expeditious hearing of the writ petition bearing W.P.No.2235/2013.

Apart from this, if the Civil Suit is still pending in respect of the same subject-matter before the 4th Civil Judge Class-II, Jabalpur, the parties may move an appropriate application before the Civil Court for expeditious hearing of the Civil Suit bearing C.S.No.231A/2012.

The Civil Court is also directed to decide the suit expeditiously as far as possible within a period of six months from the date of communication of this order.

The appeal is disposed of finally, with no order as to costs.

(Krishn Kumar Lahoti) (Subhash Kakade) C.

Acting Chief Justice Judge 2 W.A.No.337/2013 M.P.Pensioner's Samaj State of M.P.& others 27.6.2013 C.