Citation : 2022 Latest Caselaw 4079 MP
Judgement Date : 24 March, 2022
1
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
SA No. 204 of 2021
(CHANDRAKANT Vs RAJEEV LOCHAN AND OTHERS)
Dated : 24-03-2022
Shri A.K. Dwivedi, learned counsel for the appellant.
None for the respondents, even after service of notice.
Shri Om Prakash Patel, learned Panel Lawyer for the respondent No.5/State. Heard on the question of admission. Appeal is admitted on the following substantial questions of law:- "1. Whether, in the facts and circumstances of the case, the civil suit filed by
the plaintiff for specific performance of the contract was barred by the limitation or not ?
2. Whether, in the facts and circumstances of the case, the defendant No.1 can execute the subsequent sale deed without terminating the previous sale agreement ?
3. Whether, in the facts and circumstances of the case, the limitation for the execution of the sale deed before the Registrar will govern from the terms and condition of the sale agreement or not ?
4. Whether, in the facts and circumstances of the case, the impugned
judgment and decree is contrary to the provision of Section 55 of the Contract Act and Section 92 of the Evidence Act. ?"
As all the respondents are served, therefore, no separate notice is required. Heard on IA No. 1167/2021, an application for grant of stay.
Parties are directed to maintain status quo as it exists today till disposal of the appeal.
List the appeal for final hearing in due course.
(ARUN KUMAR SHARMA) JUDGE
skt
Signature Not Verified SAN
Digitally signed by SANTOSH KUMAR TIWARI Date: 2022.03.25 11:13:53 IST
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