Amita Bhumarkar vs Rajendra Gaikwad
2023 Latest Caselaw 21847 MP

Citation : 2023 Latest Caselaw 21847 MP
Judgement Date : 19 December, 2023

Madhya Pradesh High Court

Amita Bhumarkar vs Rajendra Gaikwad on 19 December, 2023

Author: Dwarka Dhish Bansal

Bench: Dwarka Dhish Bansal

                                                             1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                        SA No. 2915 of 2018
                                           (AMITA BHUMARKAR Vs RAJENDRA GAIKWAD AND OTHERS)

                           Dated : 19-12-2023
                                 Shri S. Pillai - Advocate for the appellant.

                                 Shri Yash Naseri - Advocate for the respondents 1-2.

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 in absence of any relief of declaration of title, the suit mere for permanent injunction and restoration of possession was maintainable ?.

3. Whether in absence of any Naksha Batan, the plaintiff even according to the demarcation report, if any, is entitled for possession of the suit property?".

Also heard on I.A.No.14729/18, which is an application under Order 39 rule 1 & 2 CPC.

Learned counsel Shri Yash Naseri accepts notice of final hearing and aforesaid I.A. on behalf of respondents 1-2.

Learned counsel for the appellant is directed to supply copy of memo of appeal, I.A and other documents to learned counsel appearing for the respondents 1-2 within a period of 3 working days.

In the meantime, effect, operation and execution of the judgment and

decree dated 23.10.2018 shall remain stayed until further orders.

List for further consideration of I.A.No.14729/18 after filing reply by respondents 1-2.

(DWARKA DHISH BANSAL) JUDGE