Mohanlal Chaurasiya vs Mansharam Chaurasiya
2022 Latest Caselaw 13985 MP

                                    1
            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                             SA No. 1346 of 2020
            (MOHANLAL CHAURASIYA Vs MANSHARAM CHAURASIYA AND OTHERS)

Dated : 31-10-2022
      Shri Vivek Jain, 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 aggrieved by the judgment and decree dated 28/01/2020
passed by First Appellate Court. Initially, respondent No.1 filed civil suit before

the trial Court for permanent injunction, declaration and partition which was

dismissed. Thereafter, he preferred the appeal before First Appellate Court which was allowed declaring that appellant who purchased the disputed property from respondent No.2 by registered sale deed and the aforesaid sale deed would be effective up to 1/3rd share of the respondent.

Learned counsel for the appellant submits that appellant is bonafide purchaser and he purchased the land by registered sale deed from respondent No.2. Learned First Appellate Court erred in calculating the share.

The appeal involves and is admitted on the following substantial question of law;

(1) Whether the suit was neither properly valued as per section -8 of the Suits Valuation Act, nor proper Court fees was paid as per Section 7(vi-a)

(b) of the Court Fees Act for seeking the relief of possession?

Issue notice to the respondents for final hearing on payment of process fee by RAD mode within seven working days, returnable without eight weeks.

Also heard on IA No.2654/2020, an application under Order 41 Rule 5 of CPC.

Meanwhile, effect and operation of the impugned judgment and decree passed by the First Appellate Court shall remain stayed during pendency of this appeal.

Accordingly, IA No.2654/2020 stands disposed off. List the case after eight 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=eac942476567cd1b39b3da46068403462fdf82ab676d0cde4dee473f e77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D487, serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD4AB9D159B5 5575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2022.11.01 10:08:33 +05'30'