Ram Singh vs Ashutosh
2022 Latest Caselaw 13805 MP

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             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                  SA No. 831 of 2022
                             (RAM SINGH Vs ASHUTOSH AND OTHERS)

Dated : 18-10-2022
       Shri Abhishek Bhadauriya, learned counsel for the appellant.

       Heard on the question of admission.
       This second appeal under Section 100 of the Code of Civil Procedure,
1908 has been filed against the judgment and decree dated 10/12/2021 passed
by 1st Additional Judge to the Court of 1st District Judge, Ashoknagar District-
Ashoknagar in Civil Appeal No.18/2019 confirming the judgment and decree

dated 28/02/2019 passed by Additional Civil Judge, Ashoknagar District -
Ashoknagar to the Court of 1st Civil Judge, Senior Division, Ashoknagar in
RCS-A No.28/2017.
       The appeal involves and is admitted on the following substantial
question of law;

              (1) Whether learned Courts below have erred in
              upholding the exchange on basis of an affidavit
              executed on stamp of Rs.10/- contrary        to
              registered sale deed in favour of plaintiff?

       Issue notice to the respondents on admission for final hearing on

payment of process fee by RAD mode within seven working days, returnable without six weeks.

Also heard on IA No.1371/2022, an application under Order 39 Rule 1 & 2 read with Section 151 of CPC.

Meanwhile, parties are directed to maintain status quo as it exists today till next date of hearing.

List the case after six weeks.

(DEEPAK KUMAR AGARWAL) JUDGE

rahul

Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d0c de4dee473fe77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D487, serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD4 AB9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2022.10.19 10:15:09 +05'30'