Smt. Santosh Kushwah vs Smt. Jaggidevi
2021 Latest Caselaw 3324 MP

Citation : 2021 Latest Caselaw 3324 MP
Judgement Date : 15 July, 2021

Madhya Pradesh High Court

Smt. Santosh Kushwah vs Smt. Jaggidevi on 15 July, 2021

Author: Deepak Kumar Agarwal

                                    1                                 SA-448-2013
        The High Court Of Madhya Pradesh
                    SA-448-2013
                (SMT. SANTOSH KUSHWAH Vs SMT. JAGGIDEVI AND OTHERS)

4
Gwalior, Dated : 15-07-2021
      Heard through Video Conferencing.
      Shri N.K. Gupta, learned Senior Counsel with Shri Ravi Gupta,
Counsel for appellant/ plaintiff.
      Shri Naval Kishor Gupta, learned Panel Lawyer for respondent

No.5/State.

None for respondents No. 1 to 4/defendants though served. It is submitted by learned Senior Counsel that respondent No.6 was co-plaintiff and he is a proforma party. Therefore, it is prayed that no notice is required to be issued to him.

Heard on the question of admission.

Appeal is admitted on the following substantial questions of law:-

''(I) Whether the finding given by learned First Appellate Court in para 17 of its judgment is perverse and liable to be set aside without considering the pleadings and evidence available on

record ?

(II) Whether the dismissal of the suit for want of relief of possession is against the principles of natural justice and without granting opportunity of hearing to the plaintiff to claim the relief for possession which was just and proper in the circumstances of the case?

Let a fresh notice for final hearing be issued to respondents on payment of process fee within seven working days.

As far as IA No.5100/2013 application under Order 39 Rule 1 and 2 read with Section 151 of CPC is concerned, the interim order dated 06/12/2013 passed on earlier occasion is made absolute.

Accordingly, IA No. 5100/2013 stands disposed of.

                                                              2                   SA-448-2013
      List for final hearing.

                                                                 (DEEPAK KUMAR AGARWAL)
                                                                          JUDGE


MKB

Digitally signed by MAHENDRA KUMAR BARIK

MAHENDRA DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh,

KUMAR BARIK 2.5.4.20=f592da990684fe30f8e1e29a4a1a9e3451e e450d883083a8e4cc8020eee6f7cb, cn=MAHENDRA KUMAR BARIK Date: 2021.07.16 11:24:09 +05'30'