Jaypee Thermal Power Project vs Ghooman Singh
2022 Latest Caselaw 7239 MP

                                    1
            IN THE HIGH COURT OF MADHYA PRADESH
                         AT JABALPUR
                               SA No. 626 of 2021
           (JAYPEE THERMAL POWER PROJECT Vs GHOOMAN SINGH AND OTHERS)

Dated : 12-05-2022
      Shri Sanjay Agrawal, learned Sr. Advocate with Shri Pramod Sahu,

Advocate for the appellant.
      Shri Rajesh Sharma, P.L. for the State.
      Heard on admission
      Appeal     is admitted for final hearing on the following substantial
questions of law:-

                     (i) Whether the Courts below were right
                     in granting a decree of permanent
                     injunction and directing the defendant
                     No.1 to construct a pucca drain in the
                     absence of any relief sought by the
                     plaintiffs in the plaint to that effect ?

                    (ii)        Whether, the Courts could have
               granted relief to plaintiffs which they did not ask
               for in the plaint?
      Issue notice to the respondents on payment of PF within seven working

days by both the modes. Notice be made returnable within four weeks.

List after four weeks.

By way of interim measure, operation of the impugned judgment and decree shall remain stayed till the next date of hearing, subject to deposit of 50% of the decreetal amount within a period of one month from today.

C.C. as per rules.

(ARUN KUMAR SHARMA) JUDGE

pn

Signature Not Verified SAN

Digitally signed by PANKAJ NAGLE Date: 2022.05.13 10:44:39 IST