Smt. Shakuntala Devi vs Shri Ramesh Chandra Shivhare
2023 Latest Caselaw 17974 MP

                                                                    1
                                            IN THE HIGH COURT OF MADHYA PRADESH
                                                         AT GWALIOR
                                                             SA No. 1746 of 2023
                                    (SMT. SHAKUNTALA DEVI AND OTHERS Vs SHRI RAMESH CHANDRA SHIVHARE AND OTHERS)

                           Dated : 27-10-2023
                                      Shri K.S.Tomar Senior Advocate with Shri J.S.Kaurav- Advocate for the

                           appellants.
                                      Shri Mradul Gahoi- Advocate for the respondents No.1 to 3.

Record is received.

Heard on admission.

Perused the judgment of the learned Trial Court in Civil Suit

No.RCSA/4700036/2015 (Smt. Saroj Shivhare deceased through her LRs. Vs. Avdhesh Narayan Mishra) judgement dated 30/09/2021 suit has been decreed. Learned First Appellate Court by judgment dated 28/06/2023 in RCA No.115/2021 dismissed the appeal of the defendant.

The appeal is admitted on the following substantial question of law:-

Whether on the facts and in circumstances of the case, the decree could have been passed under section 12(1)(e) of the M.P. Accommodation Control Act in absence of the pleading in regard of family need because when the suit was filed for her own personal need by the plaintiff ?

In the meanwhile, parties to maintain status-quo regarding suit property till the next date of hearing.

Both parties are eager for final hearing, therefore, list this case for final hearing in the week commencing 04/12/2023.

(AVANINDRA KUMAR SINGH) JUDGE

Pj'S/-

Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 28-10-2023 11:46:41 AM