Ram Gopal vs Bewa Ram Bahu @ Gora
2023 Latest Caselaw 16173 MP

                                                                1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                         SA No. 2081 of 2023
                                         (RAM GOPAL AND OTHERS Vs BEWA RAM BAHU @ GORA AND OTHERS)

                          Dated : 03-10-2023
                                Shri Siddharth Gulatee - Advocate for the appellants.

                                Shri R. K. Pandey- Govt. Advocate for the respondent no.7/State.

Appellants have filed this second appeal under Section 100 of the Code of Civil Procedure against judgment and decree dated 12.8.2023 passed in RCA No. 18/2020 by Sixth Additional Judge, Chhatarpur

Counsel appearing for the appellants submitted that civil suit was filed before the trial Court for declaration and permanent injunction. Said suit was dismissed by the trial Court on the ground that plaintiffs were not in possession of suit property and same was barred under limitation act. It is submitted that against the said judgment and decree first appeal was preferred before the appellate Court. Appellate Court in its judgment and decree allowed the appeal and decreed the suit and granted declaration of title in favour of plaintiffs. He further submitted that decree of declaration of title simpliciter cannot be granted unless and until consequential relief has been prayed. Judgment and decree

passed by Appellate Court is also contrary to the judgment passed by the Apex Court in case of Santosh Hazari Vs. Purushottam Tiwari - (2001) 3 SCC

179. In view of same, he prays for admission of second appeal.

Heard learned counsel for the parties.

Second appeal filed by the appellants is admitted on following substantial questions of law:-

(i) Whether the suit hit by the bar contained in Section 34 of the Specific Relief Act ?

Signature Not Verified Signed by: ARVIND KUMAR DUBEY Signing time: 10/5/2023 5:50:37 PM

(ii) Whether the suit is barred by time as held by both the courts below and, therefore, no decree could have been passed by the Lower Appellate Court ?

Issue notice to the respondents on payment of process fee within seven days.

Notices be made returnable within four weeks. Appellants have filed I.A.No. 13932/2023 for grant of interim relief. Counsel appearing for the appellants prays for that respondents may be injuncted from not creating any third party interest over the suit property. Further prayer is made to stay operation of the judgment and decree dated

12.8.2023 passed in RCA No. 18/2020 by learned Sixth Additional District Judge, Chhatarpur.

As an interim measure, respondents are directed not to create any third party interest over the suit property and judgment and decree dated 12.8.2023 passed in RCA No. 18/2020 shall remain stayed till the next date of hearing subject to hearing of respondents.

Certified copy as per rules.

(VISHAL DHAGAT) JUDGE

DUBEY/-

Signature Not Verified Signed by: ARVIND KUMAR DUBEY Signing time: 10/5/2023 5:50:37 PM