Citation : 2023 Latest Caselaw 7483 MP
Judgement Date : 8 May, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
SA No. 1069 of 2023
(RUPINDER SINGH CHADDHA Vs G. DILIP NAIDU)
Dated : 08-05-2023
Shri Avinash Zargar- Advocate and Ms. Kratika Indurkhya- Advocate
for the appellant.
Call for the records of the Courts below.
The appeal has filed along with photocopy of the records of the Courts
below. Therefore, he is heard on the question of admission on the basis of
documents filed by the appellant.
The appeal, being arguable, is admitted for final hearing on the following
substantial questions of law:-
"(1) Whether the Courts below erred in
granting a decree under Section 12(1)(a) of Madhya
Pradesh Accommodation and Control Act without
deciding the question of provisional rent, which is evident
from order dated 06.05.2008?
(2) Whether the Courts below erred in law by
holding that the respondent has no alternative and suitable
accommodation in the same building as well as in the same city?"
Issue notice to the respondent on payment of process fee by registered mode, payable within seven working days.
Also heard on I.A. No. 6838/2023, an application for stay. Issue notice of this application also.
Since, the appeal has been admitted, therefore, the effect and operation of the judgment and decree dated 16.03.2023 passed by 3rd Additional District Judge, District Jabalpur in Regular Civil Appeal No. 19/2022 and judgement and decree dated 16.09.2015 passed by 1st Civil Judge Class-I, District Jabalpur in Civil Suit No. 14-A/2014 shall remain stayed.
List this case on 06.07.2023 for confirmation of stay order.
(G.S. AHLUWALIA) JUDGE
ashish ASHISH KUMAR LILHARE 2023.05.09 10:26:17 +05'30'
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