Smt. Pratima vs Shayam Kumar
2023 Latest Caselaw 1273 MP

Citation : 2023 Latest Caselaw 1273 MP
Judgement Date : 20 January, 2023

Madhya Pradesh High Court

Smt. Pratima vs Shayam Kumar on 20 January, 2023

Author: Gurpal Singh Ahluwalia

                                                                1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                          SA No. 1007 of 2022
                                            (SMT. PRATIMA AND OTHERS Vs SHAYAM KUMAR AND OTHERS)

                           Dated : 20-01-2023
                                  Ms. Anchan Pandey - Advocate for the appellants.

                                  Heard on the question of admission.
                                  This appeal being arguable is admitted for final hearing on the following
                           substantial question of law:

                                       "Whether the First Appellate Court failed to see that in the light

                                of the report submitted by the Commissioner, the plaintiff has failed
                                to prove that the appellants have encroached upon any public way?"

                                  Issue notice to the respondents on payment of process fee by registered

mode. Process fee be payable within seven working days.

Also heard on I.A. No.4227/2022, an application under Order 41 Rule 5 CPC.

Issue notice of this application to the respondents on payment of process fee by registered mode. Process fee be payable seven working days.

As an interim measure, it is directed that effect and operation of the impugned judgment and decree dated 23.03.2022 passed by the District Judge, Chourai, District Chhindwara (M.P.) in Regular Civil Appeal No.60/2020 shall remain stayed.

The notice are made returnable within a period of four weeks.

List in week commencing 13 th March, 2023 for confirmation of stay.

(G.S. AHLUWALIA) Signature Not Verified JUDGE Signed by: VARSHA CHOURASIYA Signing time: 20-01-2023 17:48:47

Signature Not Verified Signed by: VARSHA CHOURASIYA Signing time: 20-01-2023 17:48:47