Mamta Kushwaha vs Mahendra Kumar Jain
2023 Latest Caselaw 1880 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                         SA No. 1432 of 2020
                                                 (MAMTA KUSHWAHA Vs MAHENDRA KUMAR JAIN)

                          Dated : 02-02-2023
                                   Shri Abhishek Arjaria - Advocate for the appellant.

                                   Shri Sushant Ranjan - Advocate for the respondent.

This appeal, being arguable, is admitted for final hearing on the following substantial questions of law:-

"(i) Whether the First Appellate Court erred in law by not following the provisions of Order 41 Rule 28 after allowing the application filed under Order 41 Rule 27 CPC.

(ii) Whether the First Appellate Court erred in law by holding the respondent as owner of the property in dispute specifically in the light of Section 244 and 246 of MPLRC."

Since, the respondent is being represented by his counsel, therefore it is not necessary to issue notice.

The counsel for the appellant is directed to supply a copy of memo of appeal along with substantial questions of law to the counsel for the respondent within a period of seven working days.

Also heard on I.A.No.7003/2020, an application for stay.

The counsel for the respondent prays for and is granted three weeks time to file reply of this I.A.

In the meanwhile, the effect and operation of judgment and decree dated 25.08.2020 passed in RCA No.45A/2016 shall remain stayed.

(G.S. AHLUWALIA) JUDGE

vinay*

Signature Not Verified Signed by: VINAY KUMAR BURMAN Signing time: 03-Feb-23 7:21:31 PM