Sasan Ultra Mega Power (Reliance ... vs Mohanlal Shah
2023 Latest Caselaw 5979 MP

                                                                 1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                           SA No. 534 of 2022
                                 (SASAN ULTRA MEGA POWER (RELIANCE ADA GROUP) PROJECT COAL BLOCK SINGRAULI Vs
                                                         MOHANLAL SHAH AND OTHERS)

                          Dated : 12-04-2023
                                   Shri K.S. Jha - Advocate for the appellant.

                                   Shri Ramji Pandey - Government Advocate for the State/respondent 3.

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

"1.Whether the lower appellate court has erred in reversing the judgment and decree of learned Trial Court just contrary to the pronouncement of the Apex Court in the case of Santosh Hazari Vs Purushottam Tiwari (Dead) By Lrs (2001) 3 SCC 179 ?

2. Whether despite the fact that the plaintiffs/respondents 1-2 are not in possession of the suit property, learned first appellate Court has erred in passing the decree of declaration of title and permanent injunction ?"

Learned counsel Shri Shanker Dayal Mishra takes notice of final hearing

on behalf of respondents 1-2 and prays for time to file Vakalatnama.

Learned counsel for the appellant is directed to supply copy of memo of appeal and other documents to learned counsel appearing for the respondents 1-2.

Learned counsel for the appellant is further directed to supply copy of memo of appeal and other documents to Shri Ramji Pandey, learned counsel for the State/respondent 3.

Also heard on I.A No.2055/2022, which is an application under Order 39 Signature Not Verified Signed by: PRASHANT BAGJILEWALE Signing time: 4/13/2023 2:06:28 PM

rule 1 & 2 CPC.

Shri Shanker Dayal Mishra, learned counsel for the respondents 1-2 prays for two weeks time to file reply of the aforesaid I.A.

In the meantime, both the parties are directed to maintain status-quo in respect of the suit property.

List for further consideration of I.A No.2055/2022 immediately after filing of reply by respondents 1-2.

(DWARKA DHISH BANSAL) JUDGE

pb

Signature Not Verified Signed by: PRASHANT BAGJILEWALE Signing time: 4/13/2023 2:06:28 PM