Sitaram vs Mangal Singh
2023 Latest Caselaw 1892 MP

                                                              1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                          SA No. 631 of 2016
                                                 (SITARAM Vs MANGAL SINGH AND OTHERS)

                         Dated : 02-02-2023
                               Shri Z.M. Shah, learned counsel for the appellant.

                               Ms. Gayatri Ladhiya, learned counsel for respondent 1.

Shri D.R. Vishwakarma, learned Panel Lawyer for respondent 2/State.

Heard on the question of admission. Appeal 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 passed by learned trial Court just contrary to the law settled by the Apex Court in the case of Santosh Hazari Vs Purushottam Tiwari (Dead) By LRs (2001) 3 SCC 179 ?

2. Whether learned first appellate court has committed illegality in decreeing the suit without recording any finding in respect of the area of plaintiff's survey no.101/1 ?"

Learned counsel Ms. Gayatri Ladhiya accepts notice on behalf of

respondent 1 and Shri D.R. Vishwakarma, Panel Lawyer accepts notice on behalf of respondent 2/State.

Learned counsel for the appellant is directed to supply copy of memo of appeal and interim application(s) to the counsel for respondents.

Interim order of status-quo was passed 27.07.2016, therefore, looking to the dispute involved in the matter, the same is hereby made absolute and IA No.6883/2016 is disposed off/closed.

List for final hearing as per its turn. Signature Not Verified Signed by: SWETA SAHU Signing time: 2/3/2023 2:48:06 PM

(DWARKA DHISH BANSAL) JUDGE ss

Signature Not Verified Signed by: SWETA SAHU Signing time: 2/3/2023 2:48:06 PM