Hiralal vs Prakashchand
2022 Latest Caselaw 3488 MP

                                                                          1
                                            The High Court Of Madhya Pradesh
                                                      SA No. 609 of 2019
                                                              (HIRALAL Vs PRAKASHCHAND AND OTHERS)

                                 Jabalpur, Dated : 11-03-2022
                                        Shri S.P. Dubey, learned counsel for the appellant.

                                        Shri R.S. Khare, learned counsel for respondent No.1.

Shri Piyush Dharmadhikari, learned Government Advocate for respondent No.2/State.

Heard on the question of admission.

Appeal is admitted for hearing on the following substantial questions of law:-

"1. Whether the order dated 30.06.1995 passed by the Tehsildar (Exhibit P-4), whereby the Tehsildar has ordered to record possession of the respondent, is without jurisdiction ?

2. Whether the order dated 18.5.2002 (Exhibit P-5) granting Bhoomiswami rights on the basis of order dated 30.06.1995 (Exhibit P-4), under the Madhya Pradesh/Chhattisgarh Krishi Prayojan Ke Liye Upayog Ki Ja Rahi Dakhal Rahit Bhoomi Par Bhoomiswami Adhikaron Ka Pradan Kiya Yana (Vishesh Upabandh) Adhiniyam, 1984, is sustainable ?

3. Whether the learned courts below have erred in dismissing the

counter claim filed by the appellant/defendant ?" Heard on I.A. No.2750/2019, which is an application under Order 41 Rule 5 CPC.

Counsel for respondent No.1 prays for and is granted two weeks time to file reply to this application.

In the meantime, effect and operation of the impugned judgment and decree shall remain stayed till the next date of hearing.

C.C. as per rules.

(DWARKA DHISH BANSAL) JUDGE Signature Not Verified SAN ss Digitally signed by SWETA SAHU Date: 2022.03.12 11:42:38 IST