Shyam Sunder Raikwar vs Ambikesh Mishra
2023 Latest Caselaw 415 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                         SA No. 1466 of 2016
                                                 (SHYAM SUNDER RAIKWAR Vs AMBIKESH MISHRA)

                            Dated : 06-01-2023
                                  Shri Vivek Baderiya, Advocate for appellant.

                                  Shri Ramlala Shukla, Advocate for respondent.

Heard on the question of admission. The appeal is admitted for final hearing on the following substantial questions of law:-

"1. Whether on the facts and in the circumstances of the case, learned Courts below have erred in decreeing the suit for specific performance ?

2. Whether in absence of any explanation about non execution of sale deed on the date of payment of alleged advance consideration of Rs.2,15,000/-, learned Courts below have erred in passing decree of specific performance ?

3. Whether in absence of proof of payment of advance consideration of Rs.2,15,000/-, judgment & decree passed by learned Courts below are sustainable ?

4. Whether due to inadequate consideration of sale, judgment & decree

are sustainable ?

Also heard on I.A. No. 1670/2016, which is an application under Order 41 Rule 5 CPC.

Learned counsel for the respondent accepts notice of final hearing. Looking to the nature of decree, execution of decree of specific performance shall remain stayed till the decision of second appeal.

I.A. No. 12518/2018, which is an application under Order 41 Rule 27 CPC shall be considered at the time of final hearing. Signature Not Verified Signed by: KUMARI PALLAVI SINHA Signing time: 1/7/2023 11:35:05 AM

List this case for final hearing in due course.

(DWARKA DHISH BANSAL) JUDGE

Pallavi

Signature Not Verified Signed by: KUMARI PALLAVI SINHA Signing time: 1/7/2023 11:35:05 AM