Onkar Aappa vs Rajendra
2023 Latest Caselaw 13946 MP

                                                                1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                         SA No. 1714 of 2022
                                                   (ONKAR AAPPA Vs RAJENDRA AND OTHERS)

                           Dated : 24-08-2023
                                 Shri Harish Chand Kohli - Advocate for the appellant.

                                 Shri Sheshmani Mishra - Panel Lawyer for the respondent No.2/State.

Heard on admission.

The appeal is admitted for final hearing on the following substantial question of law :-

"Whether learned First Appellate Court grossly erred in law in dismissing the RCA No.92/2018 vide judgment and decree dated 25/04/2022, on the issue regarding the description of the suit property, which was not disputed by the respondent No.1/defendant No.1 before the trial Court?"

Issue notice to respondent No.1 on payment of process fee within seven working days alongwith copy of substantial question of law formulated by this Court, appeal memo, annexed documents and I.A.No.15876/2022 an

application under Order 41 Rule 5 of the Code of Civil Procedure Code, 1908 to restrain the respondent No.1 from creating any third party interest in respect of the suit property. Notice be made returnable within four weeks.

Meanwhile, respondent No.1 is restrained from alienating the suit property till the next date of hearing.

List the case after four weeks. Certified copy as per rules.

Signature Not Verified Signed by: ANURAG SONI Signing time: 25-08-2023 17:00:57

(AMAR NATH (KESHARWANI)) JUDGE as

Signature Not Verified Signed by: ANURAG SONI Signing time: 25-08-2023 17:00:57