Sudhanshu Shrivastava vs Cantonment Board Sagar
2022 Latest Caselaw 16284 MP

                                                                1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                         SA No. 2027 of 2022
                                             (SUDHANSHU SHRIVASTAVA Vs CANTONMENT BOARD SAGAR)

                          Dated : 08-12-2022
                                   Shri Ashish Shroti, Advocate for the appellant.

                                   Shri Vikram Singh, Advocate for the respondent.

Heard on the question of admission. Appeal is admitted for hearing on the following substantial questions of law:-

"1. Whether learned lower appellate Court has erred in reversing the

judgment and decree of trial Court without reversing the findings with regard to unauthorized construction. ?

2. Whether in absence of relief of declaration of title suit merely for permanent injunction and mandatory injunction was maintainable ?

3. Whether lower appellate Court was justified in granting the decree of removal of construction from the unspecified portion of the land.?"

Also heard on I.A. no.10431/22.

Learned counsel for the respondent submits that he has already been

supplied copy of memo of appeal, I.A and other annexures and he prays for two weeks to file reply of aforesaid I.A.

In the meantime, execution of decree passed by learned first appellate Court shall remain stayed, until further orders.

List for further consideration of I.A. no.10431/22 after filing of the reply by respondent.

Signature Not Verified Signed by: PRASHANT BAGJILEWALE Signing time: 12/8/2022 1:43:39 PM

(DWARKA DHISH BANSAL) JUDGE pb

Signature Not Verified Signed by: PRASHANT BAGJILEWALE Signing time: 12/8/2022 1:43:39 PM