Bhagirath vs Radheshyam
2023 Latest Caselaw 6074 MP

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                                                             SA No. 138/2016


HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
   (SINGLE BENCH : HON. Mr. JUSTICE VIVEK RUSIA)

                            S.A. No. 138 of 2016
      (BHAGIRATH S/O. SEVAJI. V/s. RADHESHYAM & OTHERS.)

Date: 13.04.2023 :
        Shri Lokendra Singh Jhala, Advocate for the appellant.
        Shri Padmnabh Saxena, Advocate for the respondent No.11.

Learned counsel for the appellant prays for time to comply with the order dated 09.12.2022.

He is permitted to carry out the amendment during the course of the day.

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

"(1) Whether the first appellate Court has erred in reversing the judgment and decree passed in favour of the appellant/plaintiff?

(2) Whether the compromise taken place between the parties in Civil Suit No. 63-A/2011 is binding on the defendants or not especially when they did not challenge the same? (3) Whether the first appellate Court has erred in holding that the plaintiff is not the owner of the suit property?"

On payment of P.F. within a week, issue notice after admission

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SA No. 138/2016

to the respondent Nos. 13 to 16 and 18 to 20 along with substantial questions of law so framed. Notices be made returnable within four weeks.

List thereafter for final hearing in due course.

( VIVEK RUSIA ) JUDGE Alok/-

Digitally signed by ALOK GARGAV Date: 2023.04.17 19:08:48 +05'30'