Bhojraj vs Sunil Soni
2021 Latest Caselaw 475 MP

                                                        1                               SA-917-2020
                              The High Court Of Madhya Pradesh
                                          SA-917-2020
                                             (BHOJRAJ Vs SUNIL SONI AND OTHERS)

                      2
                      Jabalpur, Dated : 04-03-2021
                            Shri P.K. Thakre, learned counsel for the appellant.
                            Shri Ramji Pandey, learned Panel Lawyer for the respondent/State.

Appellant respondent has filed Second Appeal against the judgment and decree dated 27.01.2020 passed by the District Judge, Betul in RCA No. 25/2018 whereby learned District Judge affirmed the judgment and decree

dated 31.01.2018 passed by 3rd Civil Judge Class-I, Betul in civil suit No. 130A/2016.

Heard on question of admission.

The appeal is admitted on the following substantial questions of law :-

"1. Whether in view of the pleadings of the parties particularly of defendant No. 1 that the plaintiff is raising construction over defendant No. 1's plot 1123/30 by treating it to be his plot 1123/43, it was incumbent upon the Courts below to have appointed a local Commissioner as envisaged under Order 26 Rule 9 of the Code of Civil Procedure for demarcation of the suit property?

2. Whether in absence of any agreed map or demarcation report, the Courts below were justified in decreeing the plaintiff's claim and rejecting the defendant No'. 1's counter claim holding that it is not proved that the plaintiff is constructing over defendant No. 1's plot?"

Issue notice to the respondent on payment of process fee within a period of seven working days by both modes together with the substantial questions of law. Notice be made returnable within two weeks.

List the matter after three weeks.

                                                            (RAJENDRA KUMAR SRIVASTAVA)
                                                                       JUDGE
                      R




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ROSHNI SINGH
PATEL
Date: 2021.03.04
16:39:11 IST