Shyamlal Vyas (Dead) Shyamlal ... vs Inderchand Jain (Deceased) Thr. ...
2023 Latest Caselaw 15220 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                           SA No. 256 of 2016
                               (SHYAMLAL VYAS (DEAD) SHYAMLAL VYAS (DECEASED) THR. LEGAL REP. SMT. GOPI VYAS AND
                                  OTHERS Vs INDERCHAND JAIN (DECEASED) THR. LRS OM PRAKASH JAIN AND OTHERS)

                           Dated : 14-09-2023
                                   Mr. Somyadeep Dwivedi - Advocate for the appellants.

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

                                    "(1) Whether, the learned courts below has overlooked the guidelines
                                    formulated by the Apex Court in the case of Land Acquisition
                                    Officer Anantnag Vs. Katiaji (AIR 1987 SC 2353), while dismissing
                                    the application filed by the appellant for condonation of delay?
                                    (2) Whether, the appellant had sufficient cause for not preferring the
                                    appeal within prescribed limitation?
                                    (3) Whether, misconstruction and misinterpretation of the authorities
                                    of Higher Courts amount to error apparent on the face of record?

                                   Issue notice to the respondent on payment of process fee by registered

as well as ordinary mode within seven working days. Notice be made returnable within four weeks.

I n view of the facts and circumstances of the case, it is directed that effect and operation of judgment and decree dated 16/05/2013 passed by learned VI Civil Judge Class-I Gwalior in Civil Suit No. 11-A/2012 shall remain

stayed till the next date of hearing.

List the case after four weeks. Certified copy as per rules.

(SUNITA YADAV) JUDGE

(LJ*)

Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 9/15/2023 9:56:35 AM