Angad Ram Tiwari vs Anusuiya Ram
2024 Latest Caselaw 21330 MP

Madhya Pradesh High Court

Angad Ram Tiwari vs Anusuiya Ram on 6 August, 2024

Author: Sanjay Dwivedi

Bench: Sanjay Dwivedi

                                                              1                               SA-1872-2024
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                       SA No. 1872 of 2024
                                             (ANGAD RAM TIWARI Vs ANUSUIYA RAM AND OTHERS )



                         Dated : 06-08-2024
                               Shri A.K. Gupta - Advocate for the appellant.

                               Heard on the question of admission as well as on I.A. No.14281/2024
                         which is an application filed under Order 39 Rule 1 and 2 read with Section
                         151 of the Code of Civil Procedure.
                               Learned counsel for the appellant has submitted that though the suit

                         filed by the plaintiffs/respondents for declaration got dismissed by the trial

Court on the ground of delay and laches, but in an appeal preferred against the said judgment and decree, the Appellate Court had reversed the same even without giving any specific reasoning as to why, the finding given by the trial Court in respect of limitation is not proper.

Considering the arguments advanced by learned counsel for the appellant and on perusal of judgments and decree passed by both the Courts below, I find substance in the submission advanced by learned counsel for the appellant and as such, the appeal is admitted on the following substantial

question of law:-

"Whether the Appellate Court was justified in reversing the well reasoned finding given by the trial Court holding that the suit filed by the plaintiffs was barred by time ? Not assigning any reason to reverse the finding of trial Court by the Appellate Court on issue No.5 is therefore, sustainable or not ?"

2 SA-1872-2024 Let notice of admission as well as I.A. No.14281/2024 be issued to the respondents on payment of process fee within a period of seven days by RAD mode, returnable within six weeks.

By way of interim measure, it is directed that the respondents will not create any third party interest over the suit property till next date of hearing.

List this case in the week commencing 23.09.2024 . In the meantime, records of both the Courts below be also called for.

(SANJAY DWIVEDI) JUDGE

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