Prem Singh vs Ibrahim Khan
2022 Latest Caselaw 3352 MP

                                             1
              The High Court Of Madhya Pradesh
                        SA No. 1703 of 2019
                          (PREM SINGH AND OTHERS Vs IBRAHIM KHAN AND OTHERS)

Gwalior, Dated : 09-03-2022
         Shri Sameer Kumar Shrivastava, learned counsel for the appellants.

         Shri Ram Prakash Rathi, learned counsel for respondent No.1.

The appeal being arguable is admitted for final hearing on the following substantial questions of law:

"(i) Whether, lower appellate court committed substantial error of law in not deciding

cross objection submitted by the appellant?

(ii) Whether, in view of clear dispute of boundary, the suit for injunction alleging encroachment can be decreed without obtaining commission report under Order 26 Rule 9 of CPC?

(iii) Whether, without meeting out the reasons passed by trial Court, lower appellate Court can set aside the judgment passed by trial Court?"

Issue notice to the respondents on payment of process fee by registered as well as ordinary mode within seven working days. Notice be made returnable within four weeks.

List the case in due course.

(SUNITA YADAV) JUDGE

Monika

MONIKA SHARMA 2022.03.10 16:51:11 +05'30'