Weavers And Dyers Society Kalin ... vs Scindia Devsthan Trust
2021 Latest Caselaw 6410 MP

                              1
              HIGH COURT OF MADHYA PRADESH
                              S.A.No.1746/2019
   (Weavers and Dyers Society Kalin Bunai Prakshishan Kendra
Through Baburao Solanki Vs. Scindia Devsthan Trust and Others)

Gwalior Bench : Dated : 04.10.2021

      Shri Harish Dixit, learned counsel for the appellant.

      Shri Nitin Agrawal, learned counsel for the respondent no.1.

Shri Devendra Chaubey, learned Govt. Advocate for the

respondents No.9, 10 and 11.

The appellant/defendant filed this civil second appeal under

Section 100 of CPC, 1908 against the judgment and decree dated

23.03.2019 passed by VII Additional District Judge, Gwalior in Case

No.19A/2012 confirming the judgment and decree dated 30.10.2011

passed by XI Civil Judge, Class-I, Gwalior in Civil Suit No.

146A/2009.

Heard on admission. Record perused.

The appeal appears to be arguable and therefore, is admitted for

final hearing on the following substantial questions of law which are as

under:-

"1. Whether learned courts below have erred in granting decree of possession against defendants admittedly in possession without requiring the plaintiff who admittedly not in possession to strictly prove its title that too a better title ?

2. Whether both the courts below erred in coming to the conclusion that even if the present

HIGH COURT OF MADHYA PRADESH S.A.No.1746/2019 (Weavers and Dyers Society Kalin Bunai Prakshishan Kendra Through Baburao Solanki Vs. Scindia Devsthan Trust and Others)

appellant/defendant was an encroacher even then it could have only be removed by due process of law."

Since the respondent no.1 is appearing, therefore, a copy of the

appeal memo and list of substantial questions of law be given to the

respondent no.1 within seven days.

Let notice be issued to the respondents for final hearing on

payment of process fee within seven days. Notices be made returnable

within four weeks.

Till the next date of hearing, the parties are directed to maintain

status quo in respect of suit property and the appellant shall not be

evicted from the suit property.

Let the matter be placed in the week commencing 22 nd

November, 2021 for further orders.

Certified copy as per rules.

                                                         (Anand Pathak)
AK/-                                                         Judge
       ANAND KUMAR
       2021.10.05
       10:35:46 +05'30'