Leea Devi Daha And Others vs Subhash Tiwari And Others

Vivek Jain, J

The present petition has been filed seeking review of the order dated 10.02.2026 passed in M.P. No.4083/2021 seeking some time to vacate the possession of the petitioner.

It is argued by learned counsel for the petitioner that the petitioner is praying to this Court to grant some time to vacate the premises, because the petition challenging the rejection of temporary injunction has already been dismissed by this Court.

Learned counsel for the respondent on the other hand submits that in the original miscellaneous petition, on 28.07.2025 the petitioner had sought time to remove the encroachment, but then no further categorical assertion was made and then the petition was heard on merits on 10.02.2026 and has been dismissed on merits and therefore, no further indulgence can be made in favour of the petitioner.

It is also contended that the petitioner only wants to bide some time so that he can challenge the orders passed in Section 250 MPLRC separately, and for that purpose he seeks to get some reprieve from this Court.

After being faced with the aforesaid argument, learned counsel for the petitioner submits that he would give up his right to file appeal to the eviction orders passed under section 250 MPLRC and would only reserve his right to prosecute the civil suit on merits.

Considering the rival submissions and considering the categorical undertaking of the learned counsel for the petitioner that the petitioner would not challenge the orders of eviction passed under Section 250 MPLRC, it is directed that the petitioner shall be granted time up to 31.03.2026 to vacate the land and no further time shall be granted after 31.03.2026. The petitioner shall not be entitled to challenge the orders passed for eviction under Section 250 MPLRC and he would only be entitled to prosecute the civil suit on merits.

The petitioner shall file requisite undertaking to this effect before the concerned Tehsildar who is proceeding to execute eviction orders, within 5 days from today, failing which the benefit of this order shall not be available to the petitioner.

With the aforesaid directions, the review petition is disposed of.

C.C. today.