Hitendra Kumar Shukla vs Divisional Railway Manager
2023 Latest Caselaw 20762 MP

Madhya Pradesh High Court

Hitendra Kumar Shukla vs Divisional Railway Manager on 7 December, 2023

Author: Avanindra Kumar Singh

Bench: Avanindra Kumar Singh

                                                                 1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                         SA No. 2670 of 2018
                               (HITENDRA KUMAR SHUKLA AND OTHERS Vs DIVISIONAL RAILWAY MANAGER AND OTHERS)

                           Dated : 07-12-2023
                                   Mr. Madhur Bhargava - Advocate for appellants.

                                   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 01/09/2018 passed
                           by the District Judge, District- Guna (M.P.) in Civil Appeal No.42-A/2018
                           confirming the judgment and decree dated 10/11/2016 passed by IV Civil

                           Judge, Class- I, Guna, (M.P.) in Civil Suit No.01-A/2013.
                                   The appeal involves and is admitted on the following substantial
                           questions of law;

                                         " 1 . Whether, learned courts below have erred in
                                         dismissing the suit without considering the undisputed
                                         commissioner report called by the learned trial Court.
                                         2 . Whether, learned courts below have erred in
                                         dismissing the suit for want of compliance of
                                         provision contained in order 7 Rule 3 CPC."
                                   Issue notice to the respondents for final hearing on payment of process

fee by RAD mode within seven working days, returnable without eight weeks.

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

(LJ*)