Shivdhari vs Shivbaksh
2023 Latest Caselaw 16126 MP

                                                                1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                          SA No. 1293 of 2019
                                              (SHIVDHARI AND OTHERS Vs SHIVBAKSH AND OTHERS)

                           Dated : 29-09-2023
                                  Shri Brahmendra Pathak - Advocate for appellants.

                                  Shri Ranjit Singh Parihar - Advocate for respondent No.1.

Ms. C.V. Rao - Panel lawyer for respondent No.2/State.

Record has been received.

The trial court in civil suit No. 200100-A /2016 by judgment and decree

dated 21-12-2017 decreed the suit. The learned First Appellate court in CA No. 10/2018 by judgment and decree dated 28-03-2019 dismissed the appeal.

Heard on the question of admission. The appeal is admitted on the following substantial questions of law:-

"(i) Whether the learned Courts below are right in law as well as fact in without declaring the null and void of the orders of the revenue authorities, decreed the plaintiff suit, whereas the revenue authority passed the order in favour of the appellants?

(ii) Whether the learned Courts below are justified in

passing the judgment and decree in favour of the plaintiff in respect of permanent injunction whereas the plaintiff has admitted defendants' possession and not claiming the relief for restoration of possession?"

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

List the case for final hearing in due course. Signature Not Verified Signed by: PARMESHWAR GOPE Signing time: 30-09-2023 12:40:59

(AVANINDRA KUMAR SINGH) JUDGE PG

Signature Not Verified Signed by: PARMESHWAR GOPE Signing time: 30-09-2023 12:40:59