Delan Yadav vs Lallu Kushwaha
2024 Latest Caselaw 20997 MP

Madhya Pradesh High Court

Delan Yadav vs Lallu Kushwaha on 2 August, 2024

Author: Sanjay Dwivedi

Bench: Sanjay Dwivedi

                                                             1                                SA-1717-2024
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       SA No. 1717 of 2024
                                             (DELAN YADAV Vs LALLU KUSHWAHA AND OTHERS )



                          Dated : 02-08-2024
                                Shri Ahadulla Usmani - Advocate for the appellant.


                                Heard on the question of admission and also on I.A.No.13121/2024,
                          which is an application under Order XLI Rule 5 of CPC.
                                Although, record from the subordinate courts is not called yet, but the

                          learned counsel for the appellant is asking for interim relief staying
                          dispossession of the appellant from the land which he purchased from
                          respondent no.3/Mohanlal Kushwaha. He also submits that the decree has

been passed by the appellate court allowing the suit in part holding that sale- deed executed in favour of the appellant by Mohanlal Kushwaha is illegal, but at the same time the suit of the plaintiff for declaration and permanent injunction has been dismissed by both the courts and as such Shri Usmani submits that when the suit property does not belong to respondent No.1/plaintiff then allowing the suit in part declaring the sale-deed executed

in favour of the appellant is illegal on the part of the appellate court.

In view of the above, this appeal is admitted for final hearing as it involves the following substantial questions of law:-

(1) Whether, the appellate court was justified in decreeing the suit in part when the declaration of title in regard to the suit property claimed by the plaintiff-respondent No.1 failed and both the courts dismissed the suit in that regard?

2 SA-1717-2024

(2) Whether, the judgment and decree passed by the appellate court is sustainable in law when basic claim of the plaintiff for declaration of title over the suit land was dismissed? Let record of the both the courts be requisitioned. Notice be issued to the respondents on payment of process fee within seven days by RAD mode, returnable within six weeks.

By way of interim measure, it is directed that till the next date of hearing, operation of impugned judgment dated 03.06.2024 passed in RCA No.114/2023 by learned XX District Judge, Jabalpur shall remain stayed and the appellant shall not be dispossessed from the land which he purchased from respondent No.3 by sale-deed dated 25.11.2010, which came to

respondent No.3 by way of sale-deed dated 15.07.2022 executed by one Late Jhagdu.

Certified copy as per rules.

(SANJAY DWIVEDI) JUDGE

Sudesh