Sukhdas vs Mus Kattubai
2022 Latest Caselaw 8091 MP

                                                         1
                                 IN THE HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                   SA No. 559 of 2017
                                             (SUKHDAS Vs MUS KATTUBAI AND OTHERS)

                      Dated : 20-06-2022
                            Shri Bhoop Singh Patel, Advocate for the appellant.

                            Shri Satish Shrivastava, Advocate for respondent No.3 to 9.

Shri Anoop Sonker, Panel Lawyer for respondent No.10-State. Heard on the question of admission. This appeal is admitted on the following substantial questions of law:

1. Whether lower appellate Court has erred in granting decree of specific performance even without issuance of notice to the appellant for final hearing of civil appeal ?

2. Whether lower appellate Court has erred in reversing the judgment and decree of the trial Court without considering reasoning assigned by the trial Court ?

3. Whether lower appellate Court has erred in exercising the discretion for grant of specific performance in favour of the respondents/ plaintiffs ? Learned counsel for the appellant is directed to supply copy of memo of

appeal to the learned counsel for the respondent No.3 to 9 and respondent No.10-State.

Also heard on I.A.No.6709/2017.

Learned counsel for the respondent No.3 to 9 submits that decree in question has already been executed and Sale Deed has also been executed by the Court, therefore, he submits that now there is no question of execution of Signature SAN Not judgment and decree.

Verified

Digitally signed by After hearing of both the parties and looking to the fact that appellant was KRISHAN KUMAR CHOUKSEY Date: 2022.06.21 11:15:53 IST

not served before the lower appellate Court, both the parties are directed to maintain status-quo and not to create any third party interest with regard to the suit property till the decision of this appeal.

List the case for final hearing in due course.

(DWARKA DHISH BANSAL) JUDGE

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