Suwan Kha vs Lokman
2023 Latest Caselaw 17214 MP

                                                                1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                            SA No. 275 of 2017
                                                      (SUWAN KHA Vs LOKMAN AND OTHERS)

                           Dated : 16-10-2023
                                 Shri Ahmad Sajid Khan - Advocate for the appellant.

                                 Shri Shyam Yadav - Advocate for respondents 1-2.

Shri Vijay Pandey - Panel Lawyer for respondent 15/State.

Heard on the question of admission.

Appeal being arguable is admitted for final hearing on the following

substantial questions of law :

1. "Whether on the facts and in the circumstances of the case learned Courts below have erred in dismissing the suit filed for declaration of title and for declaring the sale deed dated 19.08.2013 null and void in respect of 1/7 share of the plaintiff ?

2 . Whether the sale deed in question is void for want of payment of consideration of Rs.1,80,000/- mentioned in the sale deed ?

3 . Whether the judgment and decree passed by learned Courts below are unsustainable for want of finding of possession ?"

Also heard on I.A No. 3239/2017, which is an application under Order 39 Rule 1 & 2 read with Section 151 C.P.C.

Learned counsel for the appellant submits that the suit has been filed seeking relief only against the defendants 1-2 namely Lokman & Santosh, and the defendants 4-14 were proceeded exparte before the Court below therefore, he prays for dispensing with the service of notice on the defendants 4-14. In the light of the aforesaid facts and prayer made, the service of notice of final hearing on the respondents 4-14 is hereby dispensed with. Signature Not Verified Signed by: SATTYENDAR NAGDEVE Signing time: 10/18/2023 10:33:44 AM

Shri Shyam Yadav, Advocate for respondents 1 and 2 and Shri Vijay Pandey Panel Lawyer for respondent 15/State accepts notice of final hearing.

Learned counsel for the appellant is directed to supply copy of memo of appeal and I.A.No.3239/2017 to learned counsel for the respondents 1, 2 and

15. In turn the learned counsel for respondents 1-2 prays for and is granted four weeks time to file reply to the I.A.No.3239/2017.

Issue notice of final hearing to the respondent 3- Badan on payment of PF within seven working days, failing which this appeal shall stand dismissed without further reference to the Court.

In the meantime, both the parties are hereby directed to maintain status

quo in respect of the suit property and further both the parties are hereby directed not to alienate the suit property until further orders.

If appeal survives, list for further consideration of I.A.No.3239/2017 after filing of the reply by the respondents 1-2.

(DWARKA DHISH BANSAL) JUDGE

SN

Signature Not Verified Signed by: SATTYENDAR NAGDEVE Signing time: 10/18/2023 10:33:44 AM