Hemlata Dhakad vs Chandrabhan Sahu
2022 Latest Caselaw 3109 MP

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                                                    The High Court Of Madhya Pradesh
                                                              SA No. 263 of 2021
                                                                 (HEMLATA DHAKAD Vs CHANDRABHAN SAHU)

                                     Jabalpur, Dated : 04-03-2022
                                                Shri Shiv Kumar Sharma, Advocate for the appellant.

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

                                                     1.       Whether the suit mere for permanent injunction and for

                                               removal of construction without seeking relief of possession over the
                                               land in question is maintainable?
                                                     2.     Whether the learned Courts below have erred in decreeing
                                               the suit and granting the relief of possession after removal of
                                               construction that too in absence of relief of possession over the land in
                                               question?
                                                     3.    Whether without putting any valuation and without payment
                                               of requisite Court fee with regard to removal of construction or for
                                               recovery of possession, learned Courts have erred in decreeing the suit?

                                                Also heard on I.A. No. 1522/2021, which is an application under Order 41
                                     Rule 5 of CPC seeking stay of execution of judgment and decree in question.
                                                Issue notice to the respondent of final hearing and I.A. No. 1522/2021

alongwith aforesaid substantial questions of law on payment of P.F. by both modes within a period of seven working days.

Notice be made returnable in four weeks. In the meantime, effect and operation of the impugned judgment and decree passed by learned Courts below, shall remain stayed till next date of hearing.

List after four weeks.

(DWARKA DHISH BANSAL) JUDGE Signature Not Verified SAN Pallavi

Digitally signed by KUMARI PALLAVI SINHA Date: 2022.03.05 11:31:49 IST