Bapulal vs Arvind Kumar
2022 Latest Caselaw 4210 MP

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  HIGH COURT OF MADHYA PRADESH BENCH AT INDORE

                            S.A. No.855/2021
                       (Bapulal vs. Arvind Kumar)

Indore dt.25.3.2022.

        Shri Sameer Athawale, learned counsel for the appellant.
        Shri Amit Upadhayay, learned counsel for respondent.

Heard on the question of admission as well as on I.A.No.3900 of 2021.

On the point of admission, the learned counsel for the appellant has relied upon the judgment of the Apex Court in the case of Ravi Setia vs. Madan Lal & Ors., reported as (2019) 9 SCC 381 and Urvashiben & Anr. vs. Krishnakant Manuprasad Trivedi., reported as (2019) 13 SCC 372.

Learned counsel for the respondent has also placed reliance on the judgment of the Apex Court in the case of Urvashiben & Anr. vs. Krishnakant Manuprasad Trivedi., reported as (2019) 13 SCC 372 in support of his submission.

After perusal of the record of the Courts below and the judgment cited by learned counsel for the parties, the appeal is admitted for final hearing on the following substantial questions of law :-

"(i) Whether, the lower appellate Court has wrongly put the burden on defendant/appellant for the demand of remaining amount of consideration, ie., Rs.1,00,000/-, as mentioned in Para No.15 of the impugned judgment dated 08.09.02020.

(ii) Whether the lower appellate Court erred in law in confirming the finding of trial Court about readiness and willingness of plaintiff respondent ignoring the vital fact that the plaintiff at no point of time has neither deposited the balance consideration of Rs.1,00,000/- in the Court during suit nor it is proved that he had paid it before suit to appellant/ defendant ?."

Record of the court below has been received, so list the case for final hearing in due course.

Since the appeal has already been admitted for final hearing, so the operation of the impugned judgment and decree shall remain stayed, thereby I.A.No.3900 of 2021, stands disposed off.

                                 (AMAR NATH (KESHARWANI)
                                         JUDGE



SS/-          Digitally signed by SHAILESH
              MAHADEV SUKHDEVE
              Date: 2022.03.25 18:13:21 +05'30'