Omkar Appa vs Smt. Ukandibai
2023 Latest Caselaw 15541 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                         SA No. 519 of 2021
                                                (OMKAR APPA Vs SMT. UKANDIBAI AND OTHERS)

                           Dated : 21-09-2023
                                 Shri Jaideep Sirpurkar - Advocate for the appellant.

                                 Ms. Seema Sahu - Panel Lawyer for the respondent No.2/State.

T h e learned Additional Civil Judge Class II at Sausar, District Chhindwara in Civil Suit No.252-A/2011 (Omkar Appa v. Ukandibai and anr.) by judgment dated 25.09.2017 has allowed the suit as well as the counter claim,

but the suit was directed under the decree of counter claim. In the first appellant court plaintiff's appeal in regular Civil Appeal No.91/2018 by judgement dated 30.01.2021, the appeal was dismissed.

Heard on admission.

Record is received.

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

i . Whether the Courts below committed an error of law in holding that counter claim filed on 28.11.2011 seeking specific performance of agreement dated 04.02.1991 is within limitation?

b . Whether the Courts below committed an error of law in decreeing counter claim for specific performance without deciding the question of readiness and willingness in its correct perspective in as much as it is well settled in law that the respondent has to aver and prove his readiness and willingness?

c . Whether agreement dated 04.02.1991 is admissible in evidence in as much as the same is neither registered nor

Signature Not Verified Signed by: VINAY KUMAR VERMA Signing time: 23-09-2023 12:15:02

sufficiently stamped?

Issue notice of this appeal, aforesaid substantial questions of law along with IA No.2890/2021 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

vkv /-

Signature Not Verified Signed by: VINAY KUMAR VERMA Signing time: 23-09-2023 12:15:02