Smt. Kalawati Upadhaya vs Devendra Goswani
2023 Latest Caselaw 3715 MP

Citation : 2023 Latest Caselaw 3715 MP
Judgement Date : 2 March, 2023

Madhya Pradesh High Court

Smt. Kalawati Upadhaya vs Devendra Goswani on 2 March, 2023

Author: Arun Kumar Sharma

                                                             1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       SA No. 516 of 2022
                                       (SMT. KALAWATI UPADHAYA Vs DEVENDRA GOSWANI AND OTHERS)

                         Dated : 02-03-2023
                               Heard through Video Conferencing.

                               Shri J.P. Patel - Advocate for the appellant.
                               Shri Rajesh Sharma - Panel Lawyer for the respondent No. 3/State.

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

This appeal is admitted on the following substantial question of law:-

i. Whether the judgment and decree pronounced by the first appellate Court is correct on the facts and law ?

ii. Whether, the 1st appellate Court was correct in coming to the conclusion that the plaintiff is not the title owner of the disputed land acquired by him vide sale deed dated 22.03.2002 when it is established that lands in

survey nos. 2414 and 2413 are different and disputed is regarding the land in survey no. 2414 acquired by the plaintiff in the year 2002 and the land acquired by him in the year 1984 is different from the disputed land ?

Also heard on IA. No. 1968/2022 under Order 41 Rule 5 of C.P.C. Issue notice to the respondent Nos. 1 and 2 on payment of process fee within seven working days by both modes.

Signature Not Verified Notices be made returnable within four weeks. Signed by: VINAY KUMAR VERMA Signing time: 3/3/2023 2:24:19 PM

In the meanwhile, as an interim measure, it is directed that both the parties shall maintain status quo with regard to the land in dispute as exists today, till next date of hearing.

List after four weeks.

Certified copy as per rules.

(ARUN KUMAR SHARMA) JUDGE

vkv /-

Signature Not Verified Signed by: VINAY KUMAR VERMA Signing time: 3/3/2023 2:24:19 PM