Ramnaresh Teli vs Tulsidas Pandey
2023 Latest Caselaw 13490 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                          SA No. 772 of 2022
                                                  (RAMNARESH TELI Vs TULSIDAS PANDEY)

                          Dated : 18-08-2023
                                Shri Dharmendra Soni, Advocate for the appellant.

                                Shri Vinod Mishra, Advocate for respondent/caveator.

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

"1 . Whether learned first appellate Court has erred in reversing the judgment and decree of trial Court just contrary to the law laid down by the Supreme Court in the case of Santosh Hazari Vs Purushottam Tiwari (Dead) By LRs (2001) 3 SCC 179?.

2. Whether learned first appellate Court has erred in exercising discretion of granting decree of specific performance in favour of the plaintiff specially in the circumstances where the property in question was already mortgaged with the bank ?

3. Whether the findings in respect of the payment of advance

consideration amount of Rs.1,05,000/- being perverse, are not sustainable?"

Shri Vinod Mishra, Advocate accepts notice of final hearing on behalf of respondent/plaintiff.

Also heard on I.A.No.3067/2022, which is an application under Order 41 Rule 5 CPC for staying effect, operation and execution of the judgment and decree dated 25.02.2022.

Upon making deposit of Rs.1,50,000/- by the appellant/defendant in the CCD of the trial Court within a period of 30 days, there shall be stay in respect Signature Not Verified Signed by: ANUPRIYA SHARMA CHOUBEY Signing time: 8/21/2023 9:57:27 AM

of execution of the judgment and decree dated 25.02.2022 passed by first appellate Court, till the decision of second appeal.

List for final hearing in due course. C.C as per rules.

(DWARKA DHISH BANSAL) JUDGE

anu

Signature Not Verified Signed by: ANUPRIYA SHARMA CHOUBEY Signing time: 8/21/2023 9:57:27 AM