Ishwarlal @ Bharat vs Naguram
2022 Latest Caselaw 4442 MP

 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

                             SA No. 198/2021



Indore, dated 29/03/2022
         Shri B.S. Gandhi, learned counsel for appellant.
         Heard on admission.
         Appeal is admitted for final hearing on following substantial
questions of law:-
        1/      Whether absolute absence of pleadings and cogent
        evidence in the present suit of respondent no.1 in respect of

existence of suit house and its title to respondent no.1 can be the basis of decreeing his suit by learned lower appellate court?

2/ Whether the admissions of plaintiff witnesses PW-2 & PW-3, who were the independent witnesses, in respect of unspecific mentioning of the particulars, dimensions and existence of the suit house in their evidence as is evident from para 13 onwards of the impugned judgment, were not sufficient to non suit respondent no. 1 and learned lower appellate court has decreed the suit on the basis of probability of preponderance?

Also heard on IA No. 1064/2021 which is an application under Order 41 Rule 5 read with section 151 of CPC for interim stay.

Considering the facts and circumstances of the case, it is directed that till further orders effect, operation and execution of the impugned judgment and decree dated 6.11.2020 passed by Additional District Judge Badnagar District Ujjain in civil appeal HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

SA No. 198/2021

No. 75/2020 shall remain stayed.

C.C. as per rules.

(ANIL VERMA) JUDGE BDJ

Digitally signed by BHUVNESHWAR DATT JOSHI Date: 2022.03.29 17:42:15 +05'30'