Shailendra Kumar Pandey vs Narendra Kumar Pandey
2022 Latest Caselaw 5181 MP

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      SA No. 2227 of 2019
                                    (SHAILENDRA KUMAR PANDEY Vs NARENDRA KUMAR PANDEY AND OTHERS)

                      Dated : 08-04-2022
                            Shri S.K. Soni, learned counsel for the appellant.

                            Shri J.L. Soni, learned counsel for the respondent No.1.

Ms. Janhavi Pandit, learned Deputy Advocate General for respondent No.5/State.

Heard on the questions of admission.

Appeal is admitted on following substantial questions of law:

(i) Whether learned Appellate Court has erred in reversing the judgment and decree passed by the learned trial Court contrary to the principles laid down in the judgment of Hon'ble Apex Court in the case of Santosh Hazari Vs. Purushottam Tiwari reported in (2001) 3 SCC 179?

(ii) Whether learned Appellate Court has erred in granting the decree of specific performance in favour of the plaintiff whereas the discretion to grant decree was not exercised in favour of the plaintiff by learned trial Court?

Heard on I.A. No.10198/2019, an application under Order 41 Rule 5 of CPC for staying operation of the judgment and decree dated 12/07/2019.

Issue notice of final hearing as well as on I.A. No.10198/2019 to the respondents No.2 to 4 on payment of process fee within seven working days by both modes. Counsel for the respondents may file reply to the pending I.As.

In the meantime, on depositing Rs.1,50,000/- by the appellant, the effect and operation of the judgment and decree shall remain stayed till the next date of hearing.

List the matter in the week commencing 02/05/2022.

                                                                            (DWARKA DHISH BANSAL)
                                                                                   JUDGE

                      RS



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Date: 2022.04.08
17:27:43 IST