Dheeru vs Lakhalal Uikey
2023 Latest Caselaw 4001 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                       SA No. 1999 of 2022
                                                 (DHEERU Vs LAKHALAL UIKEY AND OTHERS)

                          Dated : 14-03-2023
                                Shri Amit Khatri - Advocate for the appellant.

                                Shri Kapil Duggal - Advocate for the respondent no.1 &2.

Shri D.R. Vishwakarma - Panel Lawyer for the respondent no.4/State.

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

questions of law:-

"1. Whether the suit filed on 07.04.2014 for declaring the sale deed dated 04.04.2000 to be illegal and not binding on the plaintiffs, is barred by time?

2. Whether without there being any stipulation in the sale deed regarding loan transaction, learned Courts below have erred in decreeing the suit?

3. Whether learned first appellate Court has erred in dismissing the application under Order 41 Rule 27 C.P.C?

Learned counsel appearing for the respondents accepts notice of final hearing on behalf of the respondents 1, 2 and 4.

Learned counsel for the appellant is directed to supply copy of memo of appeal to the counsel appearing for respondents 1, 2 and 4.

Also heard on I.A. No.10220/2022, which is an application under Order 41 Rule 5 CPC.

Issue notice of final hearing along with substantial questions of law and I.A. No.10220/2022 to the respondent no.3 only, on payment of process fee within seven working days, failing which this appeal shall stand dismissed without further reference to the court. Signature Not Verified Signed by: RASHMI RONALD VICTOR Signing time: 3/15/2023 4:52:13 PM

In the meantime the execution of impugned judgment and decree of possession shall remain stayed until further orders.

List for further consideration of I.A. No.10220/2022 after service of notice on respondent no.3.

(DWARKA DHISH BANSAL) JUDGE

VPA

Signature Not Verified Signed by: RASHMI RONALD VICTOR Signing time: 3/15/2023 4:52:13 PM