Gorelal vs The State Of Madhya Pradesh
2023 Latest Caselaw 20760 MP

Madhya Pradesh High Court

Gorelal vs The State Of Madhya Pradesh on 7 December, 2023

Author: Avanindra Kumar Singh

Bench: Avanindra Kumar Singh

                                                               1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT GWALIOR
                                                          SA No. 10 of 2021
                                           (GORELAL Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 07-12-2023
                                 Shri Yash Sharma - Advocate for the appellant.

                                 Shri Ramadhar Chaubey - learned Government Advocate for respondent

No.1/State.

Record is received.

Heard on the question of admission.

This second appeal under Section 100 of the Code of Civil Procedure, 1908 has been filed against the judgment and decree dated 20/12/2019 passed by First Additional District Judge, District- Guna (M.P.) in Regular Civil Appeal No.53/2015 arising out of the judgment and decree dated 20/10/2015 passed by First Civil Judge, Class-II, District - Guna (M.P.) in Civil Suit No.160A/2015.

The appeal involves and is admitted on the following substantial questions of law;

"1. Whether, after discarding the sale of Abdul Haniff and after discarding successor right of Swaliya Suresh and of Ramlal the court below erred in dismissing the suit of plaintiff ?

2. Whether, learned Courts below erred in not considering the effect of amendment carried out by the plaintiff in relation to death of Khaniyalal?

3. Whether, plaintiff suit deserves to be decreed in the basis of possession itself on the theory of possession follows title of property?"

Issue notice to respondents No.2 to 6 on payment of process fee by RAD mode within seven working days, returnable within eight weeks.

Also heard on IA No.935/2022, an application under Order 39 Rule 1& 2

of CPC.

Meanwhile, parties are directed to maintain status quo regarding suit property till next date of hearing.

List the case after eight weeks.

(AVANINDRA KUMAR SINGH) JUDGE

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