Smt. Mamta Vishwakarma vs Tekchand Vishwakarma
2021 Latest Caselaw 6931 MP

                                                         1                                SA-1007-2021
                                The High Court Of Madhya Pradesh
                                            SA-1007-2021
                          (SMT. MAMTA VISHWAKARMA AND OTHERS Vs TEKCHAND VISHWAKARMA AND OTHERS)

                      2
                      Jabalpur, Dated : 27-10-2021
                              Shri Sankalp Kochar,learned counsel for the appellants.
                              Shri Rakesh Kesharwani, learned counsel for caveator/ respondent

No.1.

Shri Akhilemdra Singh, learned G.A. for respondent/State. Heard on I.A.No.7762/2021, an application filed on behalf of the

caveator/ respondent No.1 for taking additional documents on record.

On due consideration I.A. is allowed and documents are taken on record.

Also heard on the question of Admission. This appeal is admitted on the following substantial questions of law.

1. Whether the lower appellate Court was right in law as well as in fact in reversing the judgment and decree passed by the trial Court holding the respondent No.1 to be the owner of the land

bearing Khasra No.117/2, 121/2 and 122/2 Bandobast No.384 situated at village Dhoura, Patwari Halka No.43, Tahsil and District Jabalpur.

2. Whether the lower appellate Court was right in law as well as in fact holding the suit filed by the respondent No.1 within limitation.

No notice is required to the respondents, as they are dully represented through their counsel.

Learned counsel for the appellants during the course of argument on I.A.No.5194/2021, an application filed under Order 41 Rule 5 of CPC and I.A.No.7894/2021, an application filed under Order 39 Rule 1 & 2 of CPC, submits that the possession of the disputed land is with the appellant while Signature SAN Not Verified

Digitally signed by KRISHAN KUMAR CHOUKSEY Date: 2021.10.28 11:23:01 IST 2 SA-1007-2021 learned counsel for respondent No.1 opposes the submission made on behalf of the appellants and submits that in compliance of possession warrant issued by the learned executing Court the possession of the disputed land has been handed over to the respondent No.1.

In the aforesaid circumstances, before passing any order on aforesaid both the I.As. it would be just and proper to call the verification report from

executing Court about possession of disputed land, as it exists today.

List the case in the week commencing 15.11.2021.

                                                                 (SATYENDRA KUMAR SINGH)
                                                                          JUDGE

                      kkc




Signature
 SAN      Not
Verified

Digitally signed by
KRISHAN KUMAR
CHOUKSEY
Date: 2021.10.28
11:23:01 IST