Salimuddin vs Chandu Miya
2021 Latest Caselaw 7642 MP

                                                                            1                                SA-1424-2021
                                               The High Court Of Madhya Pradesh
                                                         SA No. 1424 of 2021
                                                       (SALIMUDDIN AND OTHERS Vs CHANDU MIYA AND OTHERS)

                                       1
                                       Jabalpur, Dated : 22-11-2021
                                             Shri Avinash Zargar, learned counsel for the appellants.
                                             Heard on the question of admission.
                                             This appeal being arguable, hence, admitted for final hearing on the
                                       following substantial question of law:-

                                                         "Whether application under Order VI Rule 17 of C.P.C.
                                                  filed by defendants No.1 and 2 seeking relief of possession
                                                  amounts to admission on their part that they are not in
                                                  possession of suit lands and thus impugned judgment and decree
                                                  granting permanent injunction in favour of defendants No.1 and
                                                  2 is unsustainable under the law?"


                                             Also heard on I.A. No.7712/2021, which is an application under Order
                                       XXXIX Rules 1 and 2 C.P.C read with Section 151 of C.P.C.
                                             Issue notice of this appeal as well as on I.A. No.7712/2021 alongwith
                                       copy of substantial question of law framed to the respondents on payment of

process fee within seven working days by ordinary mode as well as by RAD mode, returnable within three weeks.

Till next date of hearing, the parties are directed to maintain status-quo as it exists today with regard to the property.

Let the record of both the Courts below be requisitioned. Learned counsel for the appellants is at liberty to raise other substantial questions of law after the receipt of the record.

Certified copy as per rules.

(NANDITA DUBEY) JUDGE

gn

Signature Not Verified SAN

Digitally signed by SMT. GEETHA NAIR Date: 2021.11.23 16:38:56 IST