Nathu Gadari vs Ramdayal Gadari
2023 Latest Caselaw 9746 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                         SA No. 1220 of 2023
                                               (NATHU GADARI Vs RAMDAYAL GADARI AND OTHERS)

                           Dated : 27-06-2023
                                   Shri Rahul Diwaker - Advocate for the appellant.


                                   Let the record of the Courts below be requisitioned.
                                   Learned counsel for the appellant submits that respondent No.1 is raising

construction over the suit property, hence, prays to restrain respondent No.1 from raising construction over the suit property till the receipt of record of the

trial Court as well as record of first appellate Court and arguments on admission.

I have considered the arguments advanced by the counsel for the appellant and perused the impugned judgment of the trial Court as well as the first appellate Court. It reveals that the appellant was ex-parte before the trial Court and he has not filed written statement before the trial Court.

Hence, looking to the facts and circumstances of the case and in view of the decision of the Apex Court in the case of Raghvendra Swamy Mutt vs. Uttaradi Mutt (2016) 11 SCC 235, no prayer for interim relief can be granted

unless Second Appeal is duly admitted upon formulation of substantial question of law.

After receipt of record, list for arguments on admission.

(AMAR NATH (KESHARWANI)) JUDGE

anand

Signature Not Verified Signed by: ANAND KRISHNA SEN Signing time: 6/28/2023 12:06:41 PM