Dewaram vs Durgadas
2023 Latest Caselaw 22285 MP

Madhya Pradesh High Court

Dewaram vs Durgadas on 22 December, 2023

Author: Dwarka Dhish Bansal

Bench: Dwarka Dhish Bansal

                                                                1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                            SA No. 904 of 2016
                                                    (DEWARAM Vs DURGADAS AND OTHERS)

                           Dated : 22-12-2023
                                 Shri Vivek Baderia - Advocate for the appellant.

                                 Shri Pravesh Naveria - Advocate for the respondents 1-3.

Shri Pradeep Dwivedi - Panel Lawyer for the State/respondent 4.

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 on the facts and in the circumstances of the case, learned first appellate Court has committed illegality in decreeing the suit and in dismissing the counter claim ?".

Learned counsel Shri Pravesh Naveria accepts notice of final hearing on

behalf of respondents 1-3 and prays for time to file reply to the application.

Learned counsel for the appellant is directed to supply copy of memo of appeal and pending application to learned counsel appearing for the respondents 1-3.

List for further consideration of I.A.No.10599/16 after filing of the reply by respondents 1-3.

(DWARKA DHISH BANSAL)

JUDGE pb