Jamna Prasad vs Virendra
2023 Latest Caselaw 15492 MP

                                                                1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                         SA No. 1267 of 2017
                                                  (JAMNA PRASAD Vs VIRENDRA AND OTHERS)

                          Dated : 20-09-2023
                                 Shri B.P. Yadav - Advocate for the appellant.

                                 The learned Civil Judge Class I at Niwari, District Tikamgarh in Civil Suit
                          No.111-A/2004 (Jamna Prasad Vs. Virendra and ors.) by judgment and decree
                          dated 29.04.2009 has decreed the suit of the plaintiff. The learned first appellant
                          court in Civil Appeal No. 37-A/2017 by judgment and decree dated 30.08.2017,

                          has dismissed the suit.
                                 Heard on admission.
                                 Record is received.
                                 The appeal is admitted on following substantial questions of law : -

                                      i . Whether, the first appellate court misread the relief(s)
                               claimed by the appellant/plaintiff while holding that the suit is not
                               maintainable for want of relief of possession in terms of proviso to
                               Section 34 of Specific Relief Act 1963?

                                 Issue notice of this appeal, substantial questions of law along with IA
                          No.14202/2017 to the respondents on payment of PF within seven working

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

vkv /-

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