Ishwar Singh vs Rajendra
2023 Latest Caselaw 16505 MP

                                                                1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                          SA No. 1194 of 2023
                                                   (ISHWAR SINGH Vs RAJENDRA AND OTHERS)

                            Dated : 06-10-2023
                                  Shri Jaideep Sirpurkar, Advocate for appellant.

                                  Shri Sanjay Agrawal, Senior Advocate with Ms. Neerja Agrawal,
                            Advocate for the respondent 1.

Shri Pankaj Raj, Panel Lawyer for respondent-State.

Heard on the question of admission.

The 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 not recording any finding taking into consideration the demarcation report called by trial Court and was also considered by learned trial Court ?

3. Whether the suit is bad due to non-joinder of necessary parties?

4. Whether the suit as filed is barred by limitation?" Also heard on I.A. No. 7391/2023.

Learned senior counsel Shri Sanjay Agrawal and Ms. Neerja Agrawal, Advocate accepts notice of final hearing on behalf of respondent 1.

Shri Pankaj Raj, learned Panel Lawyer accepts notice of final hearing on behalf of respondent 2-State.

In the meantime, both the parties are directed to maintain status quo in respect of the suit property until further orders.

Accordingly, I.A. No. 7391/2023 is disposed off/closed. Signature Not Verified Signed by: KUMARI PALLAVI SINHA Signing time: 10/7/2023 4:19:42 PM

List for final hearing in due course.

(DWARKA DHISH BANSAL) JUDGE

Pallavi

Signature Not Verified Signed by: KUMARI PALLAVI SINHA Signing time: 10/7/2023 4:19:42 PM