Nawab Ahmed vs The State Of Madhya Pradesh
2022 Latest Caselaw 11746 MP

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                         SA No. 681 of 2020
                                    (NAWAB AHMED AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                         Dated : 06-09-2022
                                Shri Pushpendra Dubey, learned counsel for the appellants.

                                Shri S. Pateriya, learned Panel Lawyer for respondents 1-2/State.

Shri Ghanshyam Verman, learned counsel for respondent 3. Shri Ravi Shankar Yadav, learned counsel for respondent No.7. Heard on the question of admission. Appeal is admitted for final hearing on the following substantial questions

of law :

"1. Whether in absence of any written statement of defendants 1-2 denying the averments of the plaint, learned courts below have erred in dismissing the suit?

2 . Whether without recording any finding with regard to title a nd possession in favour of any of the parties to the suit, impugned judgment and decree are sustainable ?

3. Whether without appointment of Commissioner to demarcate the land in question learned courts below have erred in deciding the suit ?

4. Whether in view of admission made by defendant 3 (Mohd.Ahmed) plaintiffs were entitled for decree in their favour ?"

Issue notice for final hearing along with substantial question of law to respondents, except respondents 3 & 7, on payment of PF within seven working days by both modes.

Interim relief granted on 23.02.2021 shall continue to remain in operation until further orders.

List for consideration of IA 3221/2020 after service of notice on the Signature Not Verified Signed by: SWETA SAHU Signing time: 9/7/2022 5:44:17 PM

respondents.

Let copy of memo of appeal and IA 3221/2020 be supplied to learned counsel for respondents 3 & 7.

(DWARKA DHISH BANSAL) JUDGE

ss

Signature Not Verified Signed by: SWETA SAHU Signing time: 9/7/2022 5:44:17 PM