Mohanlal vs Kasturi Bai W/O Rajkumar Jain ...
2022 Latest Caselaw 7208 MP

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             IN THE HIGH COURT OF MADHYA PRADESH
                          AT JABALPUR
                              SA No. 1252 of 2021
   (MOHANLAL AND OTHERS Vs KASTURI BAI W/O RAJKUMAR JAIN (DEAD) THR. LRS. AZAD AND
                                     OTHERS)

Dated : 12-05-2022
      Shri Amit Verma, learned counsel for the appellants.
      Shri Vinod Tiwari, learned Panel Lawyer for the respondent / State.

Heard on the question of admission.

This appeal is admitted on the following substantial questions of law:-

(i) Whether, contradictory plea of the plaintiff that he is Bhumiswami by virtue of sale agreement and that he has acquired title by adverse possession are sustainable in law and whether decree can be passed on such a plea by the first appellate court reversing the judgment of the trial court ?

(ii) Whether the Appellate Court committed material error of the law in not adjudicating applications I.A. No. 1 and I.A. No. 2 filed under order 41 Rule 27 and 151 of Civil Procedure Code ?

(iii) Whether the Appellate Court committed material error of the law erroneously deciding the question of possession ?

Issue notices to the respondents on payment of process fee within seven working days by both modes for final hearing of this appeal.

Notices be made returnable within four weeks. Heard on IA No.6648/2021 under Order 39 Rule 1 & 2 read with Sections 94 and 151 of the Code of Civil Procedure for grant of injunction.

Issue notices to the respondents on payment of process fee within seven

working days by both modes.

Notices be made returnable within four weeks. In the meanwhile, parties are directed to maintain status-quo as it exists today, till the next date of hearing.

List this case after four weeks.

Certified copy as per rules.

(ARUN KUMAR SHARMA) JUDGE

vkv /-

Signature Not Verified SAN

Digitally signed by VINAY KUMAR VERMA Date: 2022.05.13 18:25:39 IST