Man Mohan Singh Jat vs Jila Prabandhak
2023 Latest Caselaw 21848 MP

Madhya Pradesh High Court

Man Mohan Singh Jat vs Jila Prabandhak on 19 December, 2023

Author: Dwarka Dhish Bansal

Bench: Dwarka Dhish Bansal

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                         SA No. 2985 of 2018
                                     (MAN MOHAN SINGH JAT AND OTHERS Vs JILA PRABANDHAK AND OTHERS)

                           Dated : 19-12-2023
                                 Shri G.S. Baghel - Advocate for the appellants.

                                 Ms. Kamlesh Tamrakar - Panel Lawyer for State/respondents 2-3.

Heard on I.A. No.15096/2018 which is an application under Section 5 of the Limitation Act for condonation of delay in filing of the appeal.

Registry has reported this appeal to be barred by 185 days.

Despite service of notice on the respondents 2-3, no reply/counter has been filed to the aforesaid IA.

Although reply to the application has been filed on respondent 1, but nobody appears to oppose the aforesaid I.A for condonation of delay.

Accordingly, for the reasons mentioned in the application and there being no opposition to the application, the same is allowed and delay in filing of the appeal is hereby condoned.

Accordingly, I.A. No.15096/2018 is allowed/disposed off. 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 without acquisition of the land, the defendants can use the land of the plaintiffs for construction of the road ?"

Also heard on I.A.No.15095/2018.

At the outset learned counsel for the appellants prays for withdrawal of this application with liberty to file detail application.

Accordingly, I.A.No.15095/2018 is dismissed as withdrawn with the aforesaid liberty.

Issue notice of final hearing alongwith extract of substantial questions of law to the respondents 1-2 on payment of process fee within seven working days, failing which, this appeal shall stand dismissed without further reference to the Court.

If appeal survives, list for final hearing in due course.

(DWARKA DHISH BANSAL) JUDGE

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