Vasudev vs Smt. Jamnabai
2022 Latest Caselaw 15052 MP

                                                                1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                         SA No. 1394 of 2019
                                            (VASUDEV AND OTHERS Vs SMT. JAMNABAI AND OTHERS)

                         Dated : 16-11-2022
                                Shri A.K. Sethi, learned senior counsel with Shri Nitin Phadke, learned

                         counsel for the appellants.
                                None for the respondent Nos.1, 2 & 5 though duly served.

Shri Bhuwan Deshmukh, learned Govt. Advocate for the respondent No.3/State.

Heard on the question of admission.

The appeal is admitted for hearing on the following substantial questions of law :-

(a) Whether the courts below have committed any error in passing the impugned decree without considering the applicability of the bar contained in the provisions of Section 34 of the Specific Relief Act on account of failure of the plaintiffs to raise any challenge in respect of the order Ex.D/22 dated 14.4.1990?

(b) Whether the findings recorded by the courts below on the question of limitation are illegal and perverse on account of failure to consider the provisions of Article 54 and 100 of the Schedule appended to the Limitation Act, 1993?

Also heard on I.A. No.3467/2019, which is an application under Order 41 Rule 5 of the C.P.C. for grant of stay.

Till the next date of hearing, operation of the impugned judgments and decrees dated 02.05.2019 and 04.05.2016 shall remain stayed.

Let the matter be listed final hearing in due course. Certified copy, as per rules.

(SUBODH ABHYANKAR) JUDGE Signature Not Verified Signed by: MONI RAJU Signing time:

11/17/2022 9:47:06 AM

moni

Signature Not Verified Signed by: MONI RAJU Signing time:

11/17/2022 9:47:06 AM