Narendra Mishra vs Vaidhnath Singh
2023 Latest Caselaw 1834 MP

                                                                1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                          SA No. 944 of 2022
                                              (NARENDRA MISHRA Vs VAIDHNATH SINGH AND OTHERS)

                          Dated : 01-02-2023
                                Shri Vinay Singh Baghel - Advocate for the appellant.

                                Shri A.P. Shah - Advocate for respondents No.1 & 2 on caveat.

Heard on the question of admission. The appeal being arguable is admitted on the following substantial question of law:-

"1- Whether the Courts below ignored paragraph 6 of report (Ex.P-9 / D-2) which says that in fact Rampyari/ respondent No.3 has encroached upon 15 feet of land which was situated on the southern side of her land i.e. in between the land of the appellant and Rampyari."

As respondents No.1 and 2 are being represented by their counsel, therefore the counsel for the appellant is directed to supply a copy of memo of appeal along with the substantial question of law.

Issue notice to the respondent No.3 on payment of process fee by Registered AD mode payable within a period of seven working days.

Also heard on I.A. No.3966/2022, an application under Order 41 Rule 5

of CPC.

Since the appeal has been admitted, therefore it is directed that the effect and operation of the impugned judgment and decree dated 17/02/2022 passed by Fourth District Judge, Baidhan, District Singrauli in RCA No.1500092/2016, shall remain stayed.

(G.S. AHLUWALIA) JUDGE Signature Not Verified Signed by: SHUBHANKAR MISHRA Signing time: 01-Feb-23 5:47:33 PM

shubhankar

Signature Not Verified Signed by: SHUBHANKAR MISHRA Signing time: 01-Feb-23 5:47:33 PM