Virendra Kumar vs Pramod Kumar
2022 Latest Caselaw 16978 MP

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             IN THE HIGH COURT OF MADHYA PRADESH
                          AT JABALPUR
                                 SA No. 883 of 2022
              (VIRENDRA KUMAR AND OTHERS Vs PRAMOD KUMAR AND OTHERS)

Dated : 20-12-2022
      Shri R.K. Samaiya, learned counsel for the appellants.

      Heard on the question of admission.
      Appeal      is admitted for final hearing on the following substantial
questions of law :
            "1. Whether learned first appellate Court has erred in reversing the judgment &

     decree of trial Court just contrary to the law settled by the Supreme Court in the Case of
     Santosh Hazari Vs. Purushottam Tiwari (Dead) by LRs (2001) 3 SCC 179 ?

            2. Whether in absence of filing of patta, as pleaded by the plaintiff
     in the plaint, learned first appellate court has erred in decreeing the suit
     even for the relief of permanent injunction ?
      Also heard on IA No.3673/2022, which is an application under Order 39
Rule 1&2 CPC.
      Issue notice of final hearing and IA No.3673/2022 along with substantial
questions of law to the respondents, by both modes, on payment of PF within

seven working days, failing which the petition shall stand dismissed without

further reference to the Court.

In the meantime, both the parties are directed to maintain status-quo with regard to suit land until further orders.

List for further consideration on IA No.3673/2022 after service of notice on the respondents.

(DWARKA DHISH BANSAL) JUDGE

ss Digitally signed by SWETA SAHU Date: 2022.12.20 17:32:23 +05'30'