Ramcharan vs Raggu
2021 Latest Caselaw 4917 MP

                                                                       1                             SA-1002-2021
           The High Court Of Madhya Pradesh
                       SA-1002-2021
                                                        (RAMCHARAN AND OTHERS Vs RAGGU AND OTHERS)

2
Gwalior, Dated : 01-09-2021
       Heard through hybrid system of physical/ virtual hearing.
       Shri SS Rajput, counsel for the appellants.
       Heard on admission as well as on IA 3964/2021, an application under
Order 41 Rule 5 read with Section 151 of CPC.
       Record of the Courts below has already been received.

       Appeal is admitted for hearing on the following substantial questions
of law:-
                  ''(I) Whether the learned Courts below erred in decreeing the suit
      without demarcation or inspection of the suit land ?
               (II) Whether the learned Courts below erred in decreeing the suit of
      possession in spite of admission of plaintiff and his witnesses that
      defendants are not in possession of the suit land bearing survey No.18/8
      ?
                  (III) Whether learned first appellate Court has rightly dismissed

      applications filed by defendants under Order 41 Rule 27 and under
      Order 26 Rule 9 of CPC ?''
       Issue notice to respondents by registered as well as ordinary mode, on

payment of process fee within seven working days.

Meanwhile, impugned judgment and decree passed by Courts below shall remain stayed till next date of hearing.

CC as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

MKB

MAHENDRA Digitally signed by MAHENDRA KUMAR BARIK DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA

KUMAR PRADESH BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh, 2.5.4.20=f592da990684fe30f8e1e29a4a1a9e3451ee4 50d883083a8e4cc8020eee6f7cb, cn=MAHENDRA

BARIK KUMAR BARIK Date: 2021.09.02 15:51:05 +05'30'