Saikool Mohammad vs Mst. Jinntiya
2022 Latest Caselaw 16962 MP

                                                                1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                          SA No. 2921 of 2018
                                         (SAIKOOL MOHAMMAD AND OTHERS Vs MST. JINNTIYA AND OTHERS)

                            Dated : 20-12-2022
                                  Shri Santosh Kumar Singh, Advocate for appellants.

                                  Shri Devraj Vishwakarma, Advocate for respondents 1 & 2.

Shri Vijay Pandey, Panel Lawyer for respondent 3-State.

Heard on the question of admission. The appeal is admitted for final hearing on the following substantial

questions of law:-

"1. Whether non-examination of plaintiff 1-Mst. Jinntiya is fatal to the case of plaintiffs?

2. Whether the learned Courts below have erred in passing judgment & decree of declaration of title and permanent injunction ignoring the admissions made by plaintiff 2-Hanif Mohd. with regard to possession of the defendant over the land in question ?

3. Whether the suit is barred by limitation ?" Heard on I.A No. 14804/2018, which is an application under Order 39

Rule 1 & 2 CPC.

Learned counsel for the respondents 1 & 2 prays for and is granted two weeks time to file reply of the pending application (I.A No.14804/2018).

In the meantime, both the parties are directed to maintain status quo with regard to land in question.

List for further consideration of I.A No.14804/2018 after filing of the reply.

If reply is not filed before the next date of listing then the application shall Signature Not Verified Signed by: KUMARI PALLAVI SINHA Signing time: 12/21/2022 1:22:45 PM

be considered without reply.

(DWARKA DHISH BANSAL) JUDGE

Pallavi

Signature Not Verified Signed by: KUMARI PALLAVI SINHA Signing time: 12/21/2022 1:22:45 PM