Chandrashekhar Chourasiya @ ... vs Jaiprakash Chourasiya
2023 Latest Caselaw 550 MP

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                       SA No. 1867 of 2022
                               (CHANDRASHEKHAR CHOURASIYA @ BUNTY Vs JAIPRAKASH CHOURASIYA AND OTHERS)

                          Dated : 10-01-2023
                                Heard through Video Conferencing.

                                Shri Rahul Diwakar - Advocate for appellant.
                                Smt. Geeta Yadav - Panel Lawyer for the respondent No.2/State.

Record of the Courts below has been received. Heard on the question of admission.

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

(i) Whether the lower appellate Court has erred in law by decreeing the suit of the plaintiff even when the suit was barred by limitation, and

(ii) Whether the learned lower appellate Court has erred in law in decreeing the suit of the plaintiff even though when there was not a valid agreement to sale between the plaintiff and defendant No.1 ?

Issue notice to the respondent No.1 against admission on payment of PF

within seven working days by both the modes.

Also heard on I.A. No.9244/2022, an application under Order 39 Rule 1 and 2 of the CPC.

Issue notice to the respondent No.1 on the said application on payment of PF within seven working days by both the modes. Notice be made returnable within four weeks.

As an interim measure, the operation of the judgment and decree dated 13.07.2022 passed by the lower Appellate Court shall remain stayed till the next Signature Not Verified Signed by: PANKAJ NAGLE Signing time: 1/17/2023 12:33:25 PM

date of hearing.

List after four weeks.

(ARUN KUMAR SHARMA) JUDGE

pn

Signature Not Verified Signed by: PANKAJ NAGLE Signing time: 1/17/2023 12:33:25 PM