Ashok Kuamr Goutam vs Eashwardeen Goutam
2022 Latest Caselaw 2943 MP

                                                                            1
                                                   The High Court Of Madhya Pradesh
                                                             SA No. 1773 of 2017
                                                  (ASHOK KUAMR GOUTAM AND OTHERS Vs EASHWARDEEN GOUTAM AND OTHERS)

                                   Jabalpur, Dated : 02-03-2022
                                           Shri Vijay Shukla, Advocate for the appellants.

                                           Shri Raji Mathai, Panel Lawyer for the respondent/State.

Heard on the question of admission.

This appeal is admitted on following substantial question of law:-

(i) Whether the defendants along with written statement had filed counter suit, but the learned trial Court without framing issues on the question of

counter suit passed the impugned judgment and decree, which is tenable in the eyes of law ?

(ii) Whether the learned trial Court did not consider the documents of Ex.D/1, which is the order sheet of Tahsil Court, hence judgment and decree of Courts below are tenable in the eyes of law ?

(iii) Whether in the civil suit, the plaintiff has not made prayer for declaration of title, hence trial Court cannot issue decree of injunction only ?

(iv) Whether in view of the facts and evidence available on record, the learned lower appellate Court was legally justified in rejecting the civil appeal and

affirming the judgment and decree of trial Court dated 30.08.2014 ?

List this case in the next week for consideration of interim relief.

(ARUN KUMAR SHARMA) JUDGE

Vin**

Signature Not Verified SAN

Digitally signed by VINOD SHARMA Date: 2022.03.02 16:43:33 IST