Abdul Sattar vs Harish
2023 Latest Caselaw 14426 MP

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                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                      SA No. 1450 of 2021
                                                 (ABDUL SATTAR Vs HARISH AND OTHERS)

                         Dated : 02-09-2023
                                Shri D.K. Raghuwanshi - Advocate for appellant.

                                The learned Third Civil Judge, Class-I, Burhanpur by judgment and
                         decree dated 31.01.2020 decreed the suit of plaintiff-Abdul Sattar. The
                         defendant Harish Dubey and others filed the first appeal.
                                The learned First Appellate Court, Burhanpur in RCA No.03/2021 by

                         judgment and decree dated 11.09.2021 dismissed the suit of plaintiff.
                                Heard on admission as well as following substantial question of law :

                                    i. Whether the learned First Appellate Court rightly
                                    rejected application under Order 41 Rule 27 of CPC, if
                                    it clearly reflected actual owner's title?
                                    ii. Whether if suit property was government land any
                                    claim at behest of defendants was maintainable?
                                Issue notice to respondents on payment of PF within seven working days

by RAD mode, returnable within six weeks.

Meanwhile, parties are directed to maintain status quo till next date of

hearing.

(AVANINDRA KUMAR SINGH) JUDGE

Shub

Signature Not Verified Signed by: SHUBHAM THAKKER Signing time: 9/4/2023 3:32:23 PM