Narayan Prasad vs The State Of Madhya Pradesh
2023 Latest Caselaw 18175 MP

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                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT GWALIOR
                                                           SA No. 965 of 2020
                                         (NARAYAN PRASAD Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 31-10-2023
                                  Shri N.K.Gupta Senior Advocate with Shri S.D.Singh - Advocate for the

                           appellant.
                                  Shri G.S.Chauhan- Government Advocate for the State.
                                  None for the other respondents though served.

Record is received.

Heard on admission.

Learned Civil Judge at Ganj Basoda, District Vidisha in Civil Suit No.11A/2017 (Narayan Prasad Vs. State of M.P. & Others) by judgment dated 30/11/2017 dismissed the suit. Learned First Appellate Court in Civil Appeal No.03/2018 by judgment dated 24/01/2020 dismissed the appeal.

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

(i) "Whether the appellate court erred in rejecting the application under Order 41 Rule 27 of CPC, hence the judgment and decree passed by appellate court is vitiated, liable to be set aside.

(ii) Whether without giving finding with regard to the land bearing

survey no.215, the courts below erred in dismissing the plaintiff suit in toto.

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

List after six weeks.

Certified copy as per rules.

(AVANINDRA KUMAR SINGH) JUDGE Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 01-11-2023 04:03:38 PM

Pj'S/-

Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 01-11-2023 04:03:38 PM