Bhupat Patel vs Harinarayan
2021 Latest Caselaw 2808 MP

                                                                        1                                SA-284-2016
                                            The High Court Of Madhya Pradesh
                                                        SA-284-2016
                                                         (BHUPAT PATEL Vs HARINARAYAN AND OTHERS)

                                    2
                                    Jabalpur, Dated : 29-06-2021
                                           Heard through Video Conferencing.
                                           Shri Modh. Ali, learned counsel for the appellant.
                                           This second appeal under Section 100 of C.P.C. arising out of the
                                    judgment and decree dated 4.12.2015 passed by the learned District Judge,
                                    Anuppur in Regular Civil Appeal No.5-A/2015 reversing the judgment and

                                    decree dated 13.11.2014 passed by the learned Civil Judge Class-II, Anuppur
                                    in Civil Suit No.65-A/2011.
                                           Heard on the question of admission as well as on I. A. No.3255/2016.
                                           Appeal appears to be arguable, hence it is admitted for final hearing on
                                    the following substantial questions of law:

                                                1.       Whether the suit filed by the appellant for permanent
                                          injunction without claiming the title is maintainable?
                                                2.        Whether the suit filed for permanent injunction can

                                          be filed to restrain the proceedings filed under Section 250 of Land
                                          Revenue Code ?

                                           Issue notice to the respondents on payment of P. F. within seven days

by ordinary as well as Registered mode.

Notice be made returnable within six weeks. As an interim measure, till the next date of hearing, parties are directed to maintain status-quo, in respect of the property in dispute, as it exists today.

C. C. as per rules.

(SATYENDRA KUMAR SINGH) JUDGE

kkc

Signature Not Verified SAN

Digitally signed by KRISHAN KUMAR CHOUKSEY Date: 2021.06.30 14:44:04 IST