Baliram vs Mokam Singh
2023 Latest Caselaw 21576 MP

Madhya Pradesh High Court

Baliram vs Mokam Singh on 15 December, 2023

Author: Avanindra Kumar Singh

Bench: Avanindra Kumar Singh

                                                                   1
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT GWALIOR
                                                            SA No. 59 of 2017
                                               (BALIRAM AND OTHERS Vs MOKAM SINGH AND OTHERS)

                           Dated : 15-12-2023
                                    Shri Rohit Bansal- Advocate for the appellants.

                                    Shri Rajnish Sharma- Advocate for respondent No.1.

Service on the other respondents have already been dispense with by order dated 03/11/2023.

Record is received.

Heard on I.A.No.4495/2022, an application under Section 100(5) of

C.P.C. for proposed substantial questions of law as well as on admission.

The appeal is admitted on following substantial question of law:-

1. Whether, learned first appellate court has erred in relying upon Ex.P/7 (Khasra of Samvat 2004) without making reference to its contents ?

2. Whether the learned appellate court has erred in reversing the judgment & Decree of trial court by traveling beyond the pleadings made in the plaint ?

List immediately thereafter.

Meanwhile, both the parties are directed to maintain status quo regarding

the suit property till next date of hearing.

(AVANINDRA KUMAR SINGH) JUDGE

Pj'S/-