Rajaram vs Keshram
2023 Latest Caselaw 3895 MP

Citation : 2023 Latest Caselaw 3895 MP
Judgement Date : 13 March, 2023

Madhya Pradesh High Court

Rajaram vs Keshram on 13 March, 2023

Author: Dwarka Dhish Bansal

                                                                1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                          SA No. 1100 of 2021
                                                 (RAJARAM AND OTHERS Vs KESHRAM AND OTHERS)

                            Dated : 13-03-2023
                                  Shri Ajay Sen, Advocate for appellants.

                                  Shri Sanjay Gupta, Advocate for respondent 1.

Shri Himanshu Tiwari, Panel Lawyer for respondent 2-State.

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

questions of law:-

"1.Whether the first appellate Court has erred in reversing the judgment and decree of learned Trial Court just contrary to the pronouncement of the Apex Court in the case of Santosh Hazari Vs Purushottam Tiwari (Dead) By Lrs (2001) 3 SCC 179 ?

2. Whether without appointment of Commissioner, learned first appellate Court has erred in passing decree of possession in favour of the plaintiff in respect of land khasra No.70/58 ?"

Learned counsel appearing for the respondent 1 and counsel for

respondent-2 accept notice of final hearing on behalf of respondent 1 and respondent 2.

Learned counsel for the appellants is directed to supply copy of memo of appeal to learned counsel for the respondents 1-2.

Also heard on I.A. No. 5936/2021, which is an application under Order 41 Rule 5 CPC.

Looking to the nature of decree, execution of decree in respect of possession shall remain stayed till the decision of the instant second appeal. Signature Not Verified Signed by: KUMARI PALLAVI SINHA Signing time: 3/14/2023 11:21:00 AM

Accordingly, I.A. No. 5936/2021 is disposed off/closed. List for final hearing as per its turn.

(DWARKA DHISH BANSAL) JUDGE

Pallavi

Signature Not Verified Signed by: KUMARI PALLAVI SINHA Signing time: 3/14/2023 11:21:00 AM