Toran Singh Dangi vs Khet Singh
2022 Latest Caselaw 16865 MP

                                          1
                    IN THE HIGH COURT OF MADHYA PRADESH
                                 AT GWALIOR
                                    SA No. 1087 of 2020
                     (TORAN SINGH DANGI AND OTHERS Vs KHET SINGH AND OTHERS)

Dated : 19-12-2022
         Shri Anand Vinod Bhardwaj, learned counsel for appellants.

         Appeal being arguable is admitted on the following substantial questions
of law:-

              "(i) Whether the learned lower appellate court erred in
              not issuing fresh commission if it was dissatisfied with the
              commissioner report that too in absence of any objection
              of respondent No.1/plaintiff ?

(ii) Whether the learned lower appellate court erred in granting decree of declaration to the plaintiff upon the weakness of the defendant case that too in absence of any title document and on the basis of stray revenue entry ?

(iii) Whether the learned lower appellate court failed to consider Para 12 of cross examination of DW-1 where he has been given specific suggestion that over the disputed land there is no way and therefore the case of plaintiff has no legs to stand ? "

Also heard on I.A. No.1513/2020, an application under Order 41 Rule 5 CPC.

On due consideration, the same is allowed. The effect and operation of the judgment and decree dated 05.06.2020 passed by District Judge Vidisha in Civil Appeal No.42/2019 shall remain stayed.

 YOGENDRA OJHA
 2022.12.20                                           (DEEPAK KUMAR AGARWAL)
 11:36:29 +05'30'                                              JUDGE

ojha