Smt. Asha Devi Rathore vs Jagdishchandra Sharma
2023 Latest Caselaw 6261 MP

                                    1
            IN THE HIGH COURT OF MADHYA PRADESH
                          AT INDORE
                             SA No. 2151 of 2022
           (SMT. ASHA DEVI RATHORE AND OTHERS Vs JAGDISHCHANDRA SHARMA)

Dated : 18-04-2023
      Shri Abhishek Bajpai, learned counsel for the appellant.

      Ms. Mehul Shukla, learned counsel for the respondent No.1.

Heard on the question of admission.

This appeal is admitted for final hearing on the following substantial questions of law :

(a) Whether the impugned judgment and decree passed by the lower appellate Court could be sustained looking to Exh. P/1 and D/1 which clearly demonstrate that the house of the appellant/defendants is situated in the East side of respondent/plaintiff's land?

(b) Whether the finding recorded by the lower appellate Court is perverse and cannot be sustained in the eyes of law on being contrary to the evidence adduced by the parties without there being any Commissioner's report or additional evidence adduced by the plaintiff?

(c) Whether the lower appellate Court is justified while reversing the

judgment and decree passed by the trial Court based upon the sanctioned map issued by the Municipal Corporation and orders of mutation proceedings passed by the revenue authorities?

As the respondent has already put in appearance through counsel, therefore, no further notice after admission is required to be issued.

During pendency of this appeal, the operation and effect of the impugned judgment and decree shall remain stayed. I.A. No.6413/2022 is accordingly disposed of.

List for final hearing in due course.

C.C. as per rules.

(VIVEK RUSIA) JUDGE Alok Digitally signed by ALOK GARGAV Date: 2023.04.18 17:12:56 +05'30'