Citation : 2021 Latest Caselaw 1354 MP
Judgement Date : 7 April, 2021
1 SA-158-2021
The High Court Of Madhya Pradesh
SA-158-2021
(MANOJ KUMAR SONI Vs HARISHANKAR SONI)
3
Jabalpur, Dated : 07-04-2021
Shri D.K. Shukla, Advocate for the appellant.
Respondent-plaintiff has filed a Civil Suit No. 24-A/14 for specific
performance of contract and permanent injunction. Learned 5th Civil Judge, Class-II dismissed the suit and passed the judgment and decree on dated 27.08.2019. Thereafter, respondent-plaintiff filed a Civil Appeal No. 193/2019
against the judgment and decree passed by 5th Civil Judge, Class-II in Civil Suit No. 24-A/14 before learned 7th Additional District Judge, Satna. Learned 7th Additional District Judge has allowed the appeal and passed the judgment and decree on dated 07.01.2021 and set-aside the judgment passed by learned Trial Court. Thereafter, present appellant filed this Second Appeal.
Heard on the question of admission.
This second appeal is admitted on the following substantial questions of law:
"1. Whether the agreement Ex. P-1 is enforceable and admissible?"
Issue notice to the respondent on I.A. No. 846/2021 on payment of P.F. within seven working days' by registered A.D. and ordinary mode both, together with the substantial question of law. Notice be made returnable in two weeks.
Meanwhile, till the next date of hearing, parties are directed to maintain status quo, as it exists today.
Let the matter be listed after three weeks. C.C. as per rules.
(RAJENDRA KUMAR SRIVASTAVA) JUDGE
Pallavi
Signature Not Verified SAN
Digitally signed by PALLAVI SINHA Date: 2021.04.09 13:10:08 IST
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