Munshi Khan vs Mst Dhaneshwari Devi
2023 Latest Caselaw 18181 MP

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                       SA No. 2247 of 2023
                                           (MUNSHI KHAN Vs MST DHANESHWARI DEVI AND OTHERS)

                          Dated : 31-10-2023
                                Shri Amitabh Gupta - Advocate for the appellant.

                                Shri Jai Shukla - Advocate for respondent 1.

Heard on the question of admission.

Appeal being arguable is admitted for final hearing on the following substantial questions of law :

1 . "Whether learned Courts below have committed illegality in not recording evidence on the application filed under Order 21 Rule 97 & 98 CPC ?

2. Whether the compromise judgment and decree passed in between the respondents 1 and 2, can be executed against the appellant by impleading him as party/judgment debtor to the execution proceeding ?

3 . Whether the compromise decree of possession is binding on the appellant- Munshi Khan ?"

Also heard on I.A No. 14994/2023, which is an application under

Section 151 C.P.C.

Learned counsel appearing for respondent 1 accepts notice of final hearing and I.A No. 14994/2023, who has already been supplied copy of memo of appeal and other documents today itself. He may file reply to the application within a period of four weeks.

Issue notice of final hearing alongwith the extract of the substantial questions of law and I.A.No.14994/2023 to the respondent 2 on payment of process fee within a period of seven working days, failing which, this appeal Signature Not Verified Signed by: ANUPRIYA SHARMA Signing time: 11/1/2023 10:14:45 AM

shall stand dismissed without further reference to the Court.

In the meantime, further proceedings of execution case No.13/10 pending before the 3rd Civil Judge Class-II, Sidhi, District Sidhi so far as it relates to the appellant- Munshi Khan, shall remain stayed until further orders.

Registry is also directed to requisition the record of the Courts below and list this case for further consideration of I.A.No.14994/2023 after service of notice on the respondent 2.

(DWARKA DHISH BANSAL) JUDGE

anu

Signature Not Verified Signed by: ANUPRIYA SHARMA Signing time: 11/1/2023 10:14:45 AM