Phool Singh vs Mukesh Soni
2021 Latest Caselaw 7674 MP

                                    1                              SA-319-2021
          The High Court Of Madhya Pradesh
                    SA No. 319 of 2021
                            (PHOOL SINGH Vs MUKESH SONI)

4
Gwalior, Dated : 22-11-2021
         Shri Arun Doodawat, learned counsel for the appellant.
         Shri Gaurav Mishra, learned counsel for the respondent.

Heard on the question of admission.

The Second Appeal is admitted on the following substantial question of law :-

1 . Whether in the facts and circumstances of the case, the First Appellate Court was right in reversing the judgment passed by the trial Court rejecting the suit without ascertaining the actual position by appointing a Commissioner under Order 26 Rule 9 of CPC ?

Issue notice to the respondent on payment of process fee by RAD mode within seven working days, failing which this appeal shall stand dismissed without further reference to the Court. Notice be made returnable within four weeks.

Also heard on I.A. No.1693/2021, an application under Order 41 Rule

5 read with Section 151 of CPC.

In the meanwhile, looking to the prima facie balance of convenience, the execution of the judgment and decree dt.23.01.2021 passed by the First Appellate Court shall remain stayed and parties are directed to maintain status quo, as it exists today, till the next date of hearing.

List this case in the week commencing 03.01.2022.

(S. A. DHARMADHIKARI) JUDGE

shanu*

Digitally signed by SHANU RAIKWAR Date: 2021.11.22 18:20:06 -08'00'