Sushil Kumar vs Vijay Kumar
2023 Latest Caselaw 20764 MP

Madhya Pradesh High Court

Sushil Kumar vs Vijay Kumar on 7 December, 2023

Author: Dwarka Dhish Bansal

Bench: Dwarka Dhish Bansal

                                                               1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                          SA No. 1429 of 2023
                                          (SUSHIL KUMAR AND OTHERS Vs VIJAY KUMAR AND OTHERS)

                          Dated : 07-12-2023
                                Shri Avinash Zargar - Advocate for the appellants.

                                Shri Anupam Chaturvedi - Panel Lawyer for Respondent 2/State.

Heard on the question of admission. 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 after denying to declare the plaintiff and defendant both to be bhoomiswami of the land in question, learned first appellate court has committed illegality in passing the judgment and decree ?"

Also heard on IA No.8665/2023, which is an application under Order 39 Rule 1&2 CPC.

Issue notice of final hearing alongwith extract of substantial questions of law and IA No.8665/2023 to respondent 1 on payment of process fee within seven working days, failing which, this appeal shall stand dismissed without further reference to the Court.

In the meantime, both the parties are directed to maintain status-quo in respect of suit property.

List for consideration of IA No.8665/2023 after service of notice on respondent 1.

(DWARKA DHISH BANSAL) JUDGE

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