Smt. Anita Gupta W/O Prabhat Kumar Gupta ... vs Smt. Sharada Bai Ojha
2023 Latest Caselaw 19590 MP

Madhya Pradesh High Court

Smt. Anita Gupta W/O Prabhat Kumar Gupta ... vs Smt. Sharada Bai Ojha on 23 November, 2023

Author: Avanindra Kumar Singh

Bench: Avanindra Kumar Singh

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                        SA No. 1234 of 2022
                            (SMT. ANITA GUPTA W/O PRABHAT KUMAR GUPTA AGE 56 OCC. HOUSEWIFE THR. PRABHAT KUMAR
                                                       GUPTA Vs SMT. SHARADA BAI OJHA)

                           Dated : 23-11-2023
                                 Shri Parth Dixit - Advocate for the appellant.

                                 Record is received.
                                 Heard on the question of admission.
                                 This second appeal under Section 100 of the Code of Civil Procedure,
                           1908 has been filed against the judgment and decree dated 21/02/2022 passed

                           by 5th Additional District Judge, District- Guna (M.P.) in Regular Civil Appeal
                           No.136/2019 arising out of the judgment and decree dated 05/10/2019 passed
                           by 2nd Civil Judge, Class-II, District - Guna (M.P.) in Civil Suit No.49A/2010.
                                 The appeal involves and is admitted on the following substantial
                           questions of law;

                                        "1. Whether, the learned courts below have erred in
                                        dismissing the suit on finding title of predecessor-in-
                                        title of the plaintiff not proved ignoring the effect of
                                        judgment and decree Ex.D-9 declaring the title of
                                        Premnarayan in respect of suit plot?
                                        2. Whether learned Appellate Court has illegally non-
                                        suited the plaintiff for possession ignoring the
                                        provisions of Section 6 of the Specific Relief Act
                                        ?"
                                 Issue notice to the respondent on payment of process fee by RAD mode

within seven working days, returnable within six weeks.

Also heard on IA No.2178/2022, an application under Order 39 Rule 1 & 2 of CPC.

Meanwhile, parties are directed to maintain status quo regarding suit

property till next date of hearing.

List the case after six weeks.

(AVANINDRA KUMAR SINGH) JUDGE

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