Anil Kumar vs Karu
2023 Latest Caselaw 7541 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                       SA No. 1721 of 2021
                                                    (ANIL KUMAR Vs KARU AND OTHERS)

                          Dated : 09-05-2023
                                Shri Pramesh Jain - Advocate for the appellant.


                                Heard on I.A. No.9219/2021.
                                In the light of Office report, the second appeal is within limitation,
                          therefore, I.A. No.9219/2021 is disposed off/closed.
                                Also heard on the question of admission.

                                Appeal    is admitted for final hearing on the following substantial
                          questions of law:-
                                      "1. Whether lower appellate Court has erred in reversing the
                               judgment and decree of learned trial Court 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 in presence of judgment and decree dated 19.03.1985
                               (Ex.D/7-C) affirmed by D/8-C and D/9-C, learned first appellate Court has
                               erred in decreeing the suit ?

                                      3. Whether learned first appellate Court has erred in recording
                               finding of possession in favour of the plaintiff without taking into
                               consideration the findings recorded in judgment and decree dated
                               19.03.1985 (Ex.D/7-C) ?"
                                Issue notice of final hearing along with substantial questions of law to
                          respondents on payment of process fee within seven working days, failing

which this appeal shall stand dismissed without further reference to the Court.

If appeal survives, list for final hearing after service of notice on the Signature Not Verified Signed by: PRASHANT BAGJILEWALE Signing time: 5/10/2023 10:08:49 AM

respondents in due course.

(DWARKA DHISH BANSAL) JUDGE

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Signature Not Verified Signed by: PRASHANT BAGJILEWALE Signing time: 5/10/2023 10:08:49 AM