Ganganath Garpagari vs Mathuranath
2023 Latest Caselaw 3233 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                        SA No. 310 of 2023
                                           (GANGANATH GARPAGARI Vs MATHURANATH AND OTHERS)

                          Dated : 22-02-2023
                                Shri Vivek Baderiya, learned counsel for appellant.

                                Shri R.P Mishra, learned counsel accepts notice of final hearing on
                          behalf of the respondent 1.

Ms. Kamlesh Tamrakar, accepts notice of final hearing on behalf of respondent 2/State.

Heard on I.A.No.2297/2023, which is an application under Section 5 of the Limitation Act, for condonation of delay in filing the second appeal.

Upon due consideration of the same, there is sufficient ground for condonation of delay in filing of the appeal, accordingly, I.A.No.2297/2023 is allowed and disposed off/closed and delay in filing the appeal is condoned.

Heard on the question of admission.

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

( i) Whether learned first appellate Court has erred in reversing the

judgment and decree of the trial Court just contrary to law laid down by Supreme Court in the case of Santosh Hazari Vs Purushottam Tiwari (Dead) By Lrs (2001) 3 SCC 179 ?

(ii) Whether learned first appellate Court has erred in exercising discretion in favour of the plaintiff in granting decree of specific performance ?

(iii) Whether learned first appellate Court has erred in holding the suit to be within limitation, which appears to be barred by time from the date of agreement of sale ?

Signature Not Verified Signed by: S HUSHMAT HUSSAIN Signing time: 2/23/2023 6:39:21 PM

Also heard on I.A.No.2298/2023, which is an application under Order 41 Rule 5 CPC.

Upon due consideration of the averments made in the application, the same is hereby allowed and disposed off and execution of judgment and decree dated 25.03.2019 is hereby stayed till the decision of second appeal.

If appeal survives, list for final hearing as per its turn.

(DWARKA DHISH BANSAL) JUDGE

[email protected]

Signature Not Verified Signed by: S HUSHMAT HUSSAIN Signing time: 2/23/2023 6:39:21 PM