The State Of Madhya Pradesh vs Shaskiya Karamchari Grah Nirman ...
2023 Latest Caselaw 4367 MP

                                                   1
                            IN THE HIGH COURT OF MADHYA PRADESH
                                         AT GWALIOR
                                              SA No. 183 of 2021
                 (THE STATE OF MADHYA PRADESH Vs SHASKIYA KARAMCHARI GRAH NIRMAN SAHAKRI SAMITI
                                 CHANDERI THR. ITS PRESIDENT SHRAVAN SHRIVASTAVA)

              Dated : 20-03-2023
                      Shri M.P.S. Raghuvanshi - AAG appearing on behalf of Advocate

             General.
                      Shri Gaurav Mishra, learned counsel for the Respondent [R-1].

Shri Rajiv Jain, learned counsel for the Respondent [CAVEAT]. Heard learned counsel for the rival parties at length on the question of

admission.

The appeal being arguable is admitted for final hearing on the following substantial questions of law:

"(1) Whether learned first appellate Court has erred in reversing the judgment and decree of trial court without reversing findings on all issues, as given by learned trial Court that too beyond the case pleaded and relief claimed in plaint? and (2) Whether without there being any Patta available on record, learned first appellate Court has erred in holding that the plaintiff-society

is Government Patta holder of the disputed land bearing survey No. 669 admeasuring area 6.000 hectare?"

As an interim measure, till next date of hearing, both the rival parties are directed to maintain status quo over the disputed property as it exists today.

List this matter for filing reply of I.A. No. 800/2021, an application under Order 39 Rule 1 & 2 of CPC and Order 41 Rule 5 r/w section 151 of CPC in Signature Not Verified the week commencing 10th April, 2023. Signed by: SANJAY NAMDEORAO DURGEKAR Signing time: 21-03-2023 11:09:39 AM I.A. No. 2533 /2022, I.A. No. 3805/2022 & I.A. No. 503/2023,

applications for urgent hearing are disposed of.

(SUNITA YADAV) JUDGE

Durgekar

Signature Not Verified Signed by: SANJAY NAMDEORAO DURGEKAR Signing time: 21-03-2023 11:09:39 AM