Vinod Arya vs Kanti Shankar
2022 Latest Caselaw 2859 MP

                                                   1
                         The High Court Of Madhya Pradesh
                                   SA No. 1306 of 2020
                                     (VINOD ARYA AND OTHERS Vs KANTI SHANKAR)

             Gwalior, Dated : 28-02-2022
                     Shri Abhisehk Singh Bhadauria, learned counsel for the appellants.

                     Heard on the question of admission.
                     The appeal being arguable is admitted on following substantial questions of
             law:-
                               (i) Whether the appellate Court has gravely erred in reversing the
                         judgment and decree of the trial Court without satisfying the test laid

                         down by Hon'ble Apex Court in the case of Santosh Hazari, (2001) 3
                         SCC 179?
                               (ii) Whether the appellate Court has erred in granting the decree of
                         specific performance without recording any finding that the plaintiff, for
                         any reason, is entitled for the same? and
                               (iii) Whether the appellate Court has erred in granting the decree
                         of specific performance without reversing the finding of the trial Court
                         regarding lack of readiness and willingness on the part of plaintiff?
                     Let notices be issued to respondents No. 1 to 4 by ordinary as well as RAD

modes on payment of process fee within seven working days. Notices be made returnable within four weeks.

List the case after four weeks.

In view of the facts and circumstances of the case, the effect and operation of the impugned judgment passed by Additional District Judge, Sheopur in RCA No.48/2019 shall remain stayed till next date of hearing.

ALOK KUMAR
2022.03.02
                                                                                (SUNITA YADAV)
10:02:08                                                                            JUDGE
+05'30'
11.0.20
             AKS