Citation : 2022 Latest Caselaw 4125 MP
Judgement Date : 24 March, 2022
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
SA No. 1609 of 2019
(MANAGING DIRECTOR AND OTHERS Vs GORELAL KUSHWAH AND OTHERS)
Dated : 24-03-2022
Shri Vivek Khedkar, learned counsel for the Petitioner .
Shri Rajmani Bansal, learned counsel for respondents No. 1 and 4.
Heard learned counsel for the parties on the question of admission. The appeal being arguable is admitted for final hearing on the following substantial questions of law:
"(1) Whether the judgment and decree passed by the Courts below is
vitiated on account of considering the report which has not been duly exhibited and proved in accordance with law?
(2) Whether the law laid down by the Division Bench of this Court in the case of Jagdish Prasad vs. State of M.P. has been overlooked while relying upon the demarcation report submitted before the trial Court? and (3) Whether the demarcation report which has been submitted was not in accordance with the provisions of Section 124 and the rules therefrom and thus it is unsustainable in law?"
Let notice be issued to respondents No. 2 and 3 by registered as well as
ordinary modes on payment of process fee within seven working days. Notices be made returnable within four weeks.
List the case for final hearing.
Meanwhile, the effect and operation of the impugned judgements and decree passed by the Courts below is hereby stayed.
ALOK KUMAR
2022.03.25 (SUNITA YADAV)
15:58:24
+05'30'
JUDGE
11.0.23
AKS
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