Hafijuddin Khan vs Mo. Nijamuiddin Khan
2023 Latest Caselaw 16388 MP

                                                                1
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                            SA No. 352 of 2023
                                           (HAFIJUDDIN KHAN Vs MO. NIJAMUIDDIN KHAN AND OTHERS)

                           Dated : 05-10-2023
                                 Shri Yogesh Singh Baghel - Advocate for the appellant.

                                 Shri Shivansh Chouksey - Advocate for respondent Nos.1 and 2.

Ms. Garima Tiwari - Panel Lawyer for respondent No.3.

Heard on the question of admission. 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 just contrary to the law laid down by the Supreme Court in the case of Santosh Hazari Vs Purushottam Tiwari (Dead) By LRs (2001) 3 SCC 179?.

2. Whether learned first appellate Court has erred in passing decree of restoration of possession without resolving the dispute of boundaries by appointment of Commissioner to demarcate the land in question."

Also heard on I.A. No.2329 of 2023, which is an application under Order

41 Rule 5 of CPC.

Learned counsel for respondent Nos.1 to 3 accepts notice for final hearing in I.A. No.2329 of 2023 and prays for time to file reply of the application.

Learned counsel for the appellant is directed to supply copy of memo of appeal and other documents to learned counsel appearing for the respondents.

In the meantime, execution of judgment and decree passed by first appellate Court shall remain stayed until further orders. Signature Not Verified Signed by: APARNA TIWARI Signing time: 10/6/2023 4:52:13 PM

If appeal survives, list for further consideration of I.A. No.2329 of 2023 after filing reply by the respondents.

(DWARKA DHISH BANSAL) JUDGE

AT

Signature Not Verified Signed by: APARNA TIWARI Signing time: 10/6/2023 4:52:13 PM