Brijbhan Patel vs Ramlal Verma
2023 Latest Caselaw 3425 MP

                                                             1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                        SA No. 214 of 2020
                                              (BRIJBHAN PATEL Vs RAMLAL VERMA AND OTHERS)

                         Dated : 27-02-2023
                               Shri G.K Mishra, learned counsel for the appellant.

                               Shri Reji Mathai, learned panel lawyer for the respondent 2/State.

Heard on I.A.No.848/2020, which is an application for condonation of delay of 24 days in filing of the second appeal.

Despite availability of opportunity, respondents have not filed reply to

I.A.No.848/2020, therefore, looking to the length of delay and there being no rebuttal to the averments made in the application, there is sufficient cause for condonation of delay in filing of the appeal.

Resultantly, I.A.No.848/2020 is allowed and delay in filing of the appeal is hereby condoned.

Accordingly, I.A.No.848/2020 is disposed off/closed. Heard on the question of admission.

This 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 & decree passed by learned trial Court just contrary to law settled by Supreme Court in the case of Santosh Hazari vs. Purushottam Tiwari (Dead) through LRs. reported in (2001) 3 SCC 179 ?"

2.Whether on the facts and in the existing circumstances of the case, learned first appellate Court has erred in exercising discretion of granting decree of specific performance in favour of the plaintiff?"

Also heard on I.A.No.847/2020, which is an application under Order 41 Signature Not Verified Signed by: SWETA SAHU Signing time: 3/1/2023 10:22:22 AM

Rule 5 CPC.

Shri Vishwanath Gupta, learned counsel appears for the respondent 1 (a) to (d) accepts notice of final hearing on behalf of the respondent 1 (a) to (d).

Learned counsel for the appellant is directed to supply copy of memo of appeal and pending I.A. under Order 41 Rule 5 CPC to learned counsel appearing for the respondents.

In the meantime, the execution of decree of specific performance shall remain stayed until further orders.

List for further consideration after filing of reply by the respondents.

(DWARKA DHISH BANSAL) JUDGE

[email protected]

Signature Not Verified Signed by: SWETA SAHU Signing time: 3/1/2023 10:22:22 AM