Ramlallu vs Nokhelal
2023 Latest Caselaw 15461 MP

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        SA No. 221 of 2017
                                                   (RAMLALLU Vs NOKHELAL AND OTHERS)

                          Dated : 20-09-2023
                                 Shri Ramanath Dwivedi - Advocate for the appellants.

                                 Shri R.K. Tiwari - Advocate for the respondent Nos.1 to3.

None for the respondent No.4, in spite of service.

The learned Civil Judge Class II at Majouli, District Sidhi in Civil Suit No.197/A/2010 (Ramlallu v. Nokhelal and ors.) by judgment and decree dated

21.02.2011 has partly decreed the suit. Against the judgment of the trial Court, two appeals were filed bearing Civil Appeal No. 3-A/2012 and 4-A/2012. The learned first appellant court by judgement and decree dated 22.11.2016, allowed the appeal of the defendant/appellant and rejected the appeal of the plaintiffs/appellants.

Heard on admission.

Record is received.

The appeal is admitted on following substantial questions of law : -

i . Whether, in the civil suit of permanent injunction and

possession only on the ground of misjoinder of necessary party to the State Government, the impugned judgment and decree of Lower Appellate Court is tenable in the eye of law?

ii. Whether, in view of the perverse findings of the Lower Appellate Court the impugned judgment and decree dated 22.11.2016 is tenable in the eye of law while the civil suit of the plaintiff does not come within the ambit of section 257 of M.P.

Signature Not Verified Signed by: VINAY KUMAR VERMA Signing time: 9/21/2023 7:20:52 PM

Land Revenue Code 1959?

List the case for final hearing in due course. In the meanwhile, the parties are directed to maintain status quo regarding the suit property, till the next date of hearing.

(AVANINDRA KUMAR SINGH) JUDGE

vkv /-

Signature Not Verified Signed by: VINAY KUMAR VERMA Signing time: 9/21/2023 7:20:52 PM