Dalganjan Singh vs Jalebiya Singh D/O Late Shri ...
2022 Latest Caselaw 12500 MP

                                                                 1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                            SA No. 2628 of 2019
                               (DALGANJAN SINGH Vs JALEBIYA SINGH D/O LATE SHRI MOTILAL KURMVANSHI AND OTHERS)

                            Dated : 19-09-2022
                                  Shri Rakesh Singh-Advocate for appellant.

                                  Shri Rajesh Sharma-Panel Lawyer for respondent 3-State.

Heard on the question of admission. This Second Appeal is admitted for final hearing on the following substantial question of law:-

"Whether learned first appellate Court has erred in reversing the judgment

& decree of trial Court just contrary to law laid down by Supreme Court in the case of Santosh Hazari Vs. Purushottam Tiwari (Dead) by LRs 2001 (3) SCC 179 ?"

Also heard on I.A. No. 12094/2019, which is an application under Order 41 Rule 5 CPC.

Issue notice of final hearing as well as of I.A.No.12094/2019 along with substantial question of law to respondent-1 on payment of process fee within seven working days by RAD as well as ordinary mode, failing which this appeal shall stand dismissed without further reference to the Court.

Notice be made returnable within four weeks. If the process fee is not paid within a period of seven working days then this appeal shall stand dismissed without further reference to the Court.

In the meantime, both the parties are directed to maintain status-quo with regard to the suit land and further they are directed not to alienate the property.

List this case for consideration of I.A.No.12094/2019 after service of notice upon respondent 1.

Signature Not Verified Signed by: KUMARI PALLAVI SINHA Signing time: 9/20/2022 1:10:10 PM

(DWARKA DHISH BANSAL) JUDGE Pallavi

Signature Not Verified Signed by: KUMARI PALLAVI SINHA Signing time: 9/20/2022 1:10:10 PM