Vinod Kumar vs Praveen @ Pradeep Kumar
2023 Latest Caselaw 3248 MP

Citation : 2023 Latest Caselaw 3248 MP
Judgement Date : 22 February, 2023

Madhya Pradesh High Court

Vinod Kumar vs Praveen @ Pradeep Kumar on 22 February, 2023

Author: Dwarka Dhish Bansal

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       SA No. 1983 of 2022
                                          (VINOD KUMAR Vs PRAVEEN @ PRADEEP KUMAR AND OTHERS)

                           Dated : 22-02-2023
                                 Shri Ashish Shroti - Advocate for the appellant.

                                 Shri Rajiv Kumar Pandey - Panel Lawyer for respondent/State.

Heard on the question of admission. The appeal is admitted for final hearing on the following substantial question 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 erred in decreeing the suit in respect of khasra no.322 and 326 on the basis of sale deed (Exhibit P/1 &P/2) whereas no document is available on record to show change of khasra numbers?"

Also heard on IA No.10069/2022, which is an application under Order 41 Rule 5 of CPC.

Issue notice of final hearing along with substantial question of law and I.A. No.10069/2022 to the respondents on payment of process fee within seven working days, failing which the appeal shall stand dismissed without further reference to the Court.

In the meantime, effect, operation and execution of impugned judgment Signature Not Verified Signed by: VIBHA PACHORI Signing time: 2/23/2023 10:40:56 AM

and decree dated 17.08.2022 shall remain stayed until further orders.

List for further consideration of IA No.10069/2022 after service of notice on the respondents.

(DWARKA DHISH BANSAL) JUDGE

vibha

Signature Not Verified Signed by: VIBHA PACHORI Signing time: 2/23/2023 10:40:56 AM