Habibullah Khan vs Hidayatullah (Dead) Through Lrs ...
2023 Latest Caselaw 15355 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                         SA No. 2497 of 2022
                           (HABIBULLAH KHAN AND OTHERS Vs HIDAYATULLAH (DEAD) THROUGH LRS SMT. JAINAB BEE AND
                                                                OTHERS)

                          Dated : 19-09-2023
                                  Shri Sanjay K. Agrawal - Advocate for appellants.

                                  Record is received.
                                  Learned Civil Judge, Class-I at Shahdol in Civil Suit No.8A/2013 by
                          judgment and decree dated 01.11.2017 reading conjointly with paragraph 82 has
                          denied the relief of declaration but has granted the injunction.

                                  Learned First Appellate Court, Shahdol in Civil Appeal No.55/2017 by
                          judgment and decree dated 20.10.2022 allowed the appeal and dismissed the
                          suit.
                                  It is argued that cross-objection was filed by the appellant before this
                          Court and respondent before the First Appellate Court has totally failed to the

grounds raised in the objection.

It is further submitted as per the order-sheet, the record of First Appellate Court, cross-objection has been filed on 16.02.2008 mentioned in the order sheet dated 11.10.2018.

Heard on admission.

Appeal is admitted on the following substantial question of law: "Whether the learned Lower Appellate Court could have decided the appeal filed by the respondent/defendants without considering the cross-objection filed by the appellant/plaintiffs under Order 41 Rule 22 CPC?"

Is s ue notice of this appeal on substantial questions of law to the respondents on payment of PF within seven working days by RAD mode, failing which the appeal shall stand dismissed without further reference to the Signature Not Verified Signed by: SHUBHAM THAKKER Signing time: 9/21/2023 3:54:03 PM

Court. Notice be made returnable within six weeks.

In the meanwhile, the parties are directed to maintain status quo regarding the suit property, till the next date of hearing.

List after six weeks.

(AVANINDRA KUMAR SINGH) JUDGE

Shub

Signature Not Verified Signed by: SHUBHAM THAKKER Signing time: 9/21/2023 3:54:03 PM