Bhopal Singh vs Kamalbhan Singh
2023 Latest Caselaw 1974 MP

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                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT JABALPUR
                                                            SA No. 867 of 2018
                                            (BHOPAL SINGH AND OTHERS Vs KAMALBHAN SINGH AND OTHERS)

                            Dated : 03-02-2023
                                  Shri Ramsharan Rathore, Advocate for appellants.

                                  Shri D.S. Parihar, Panel Lawyer for respondent-State.

Heard on the question of admission. The 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 after dismissing the suit for declaration of title and restoration of possession erred in passing decree declaring the mutation dated 03.04.1977 null and void ?"

Also heard on I.A. No. 4419/2018, which is an application for temporary injunction.

Issue notice of final hearing alongwith the copy of substantial questions of law and I.A. No.4419/2018 to the respondents on payment of process fee by both modes within a period of seven working days, failing which, this appeal shall stand dismissed without further reference to the Court.

In the meantime, both the parties are directed to maintain status quo with regard to disputed land until further orders.

If appeal survives, list for further consideration of I.A.No.4419/2018 after service of notice on the respondents. Signature Not Verified Signed by: KUMARI PALLAVI SINHA Signing time: 2/4/2023 12:07:09 PM

(DWARKA DHISH BANSAL) JUDGE Pallavi

Signature Not Verified Signed by: KUMARI PALLAVI SINHA Signing time: 2/4/2023 12:07:09 PM