The State Of Madhya Pradesh vs Dr.Smt Archana Sharma
2023 Latest Caselaw 15341 MP

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                         SA No. 1121 of 2008
                                     (THE STATE OF MADHYA PRADESH AND OTHERS Vs DR.SMT ARCHANA SHARMA)

                           Dated : 19-09-2023
                                 Shri Gajendra Parashar - Panel Lawyer for appellants/State.

                                 Shri Himanshu Shrivastava - Advocate for respondent.

Record is received.

The appeal is listed for arguments on admission and stay. Heard on admission.

Learned First Additional Civil Judge Class-I, Bhopal vide judgment and decree dated 24.12.2005 decreed the suit. The learned first appellate Court vide judgment and decree dated 26.6.2007 passed in Civil Appeal No.51-A/2006 has dismissed the appeal.

Learned counsel for the appellant submits that respondent purchased the the land which was, in fact, surplus under the Urban Land (Ceiling & Regulation) Act, 1976 and the original owner-Babulal to escape from the clutches of aforesaid enactment other persons who were not the members of family.

Learned counsel for the respondent submits that this appeal cannot be admitted as the matter between parties relates to fact and no substantial question of law arises.

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

"Whether the learned courts below justified in passing the impugned judgment and decree ignoring the order dated 04.1.2000 passed by the competent Authority?"

Signature Not Verified Signed by: RAJESH MAMTANI Signing time: 22-09-2023 12:39:15

Learned counsel for the respondent submits that this is 15 years old appeal and he he is ready to argue the matter finally in next week.

Learned counsel for the appellant has no objection to argue in next week. In view of aforesaid, let this appeal be listed in the week commencing 03.10.2023 at the top of the list.

Parties are directed to maintain status, as it exists today, in respect of the suit property till today.

(AVANINDRA KUMAR SINGH) JUDGE

RM

Signature Not Verified Signed by: RAJESH MAMTANI Signing time: 22-09-2023 12:39:15