Mohan Sharma vs The State Of Madhya Pradesh
2023 Latest Caselaw 20805 MP

Madhya Pradesh High Court

Mohan Sharma vs The State Of Madhya Pradesh on 8 December, 2023

Author: Avanindra Kumar Singh

Bench: Avanindra Kumar Singh

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                         SA No. 382 of 2019
                                         (MOHAN SHARMA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 08-12-2023
                                  Shri P.C. Chandil - Advocate for the appellant.

                                  Shri Nitin Goyal- learned Panel Lawyer for respondents No.1 to 3/State.

Shri Rajendra Bhargava, learned counsel for respondent No.4.

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 24/02/2018 passed by District Judge, District- Shivpuri (M.P.) in First Appeal No.37A/2017 arising out of the judgment and decree dated 28/04/2017 passed by IV Civil Judge, Class-II, District - Shivpuri (M.P.) in Civil Suit No.1300104/2014.

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

" 1 . Whether, the Courts below erred in not considering the operation and effect of the statutory presumption under Section 117 of the MPLRC which is further strengthened and reinforced by the statutory presumption under Section 90 of the Indian Evidence Act in the facts and circumstances of the case ?"

Meanwhile, parties are directed to maintain status quo as it exists today till next date of hearing.

It is made clear on the request of learned counsel for respondent No.4 that this order of status quo does not mean that necessary repair or whitewash etc as required for proper functioning of the office or working condition shall not be carried out but substantially new construction shall not be made without

leave of this Court.

List the case after eight weeks.

(AVANINDRA KUMAR SINGH) JUDGE

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