Ramnath Goli vs Mohan Goli
2024 Latest Caselaw 21506 MP

Madhya Pradesh High Court

Ramnath Goli vs Mohan Goli on 7 August, 2024

Author: Avanindra Kumar Singh

Bench: Avanindra Kumar Singh

                                                             1                             SA-2145-2022
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                      SA No. 2145 of 2022
                                               (RAMNATH GOLI Vs MOHAN GOLI AND OTHERS )



                           Dated : 07-08-2024
                                 Shri Ratnesh Yadav - Advocate for the appellant.
                                 Shri P.Naveria - Advocate for the respondents No.1 & 2.

Shri S.S.Sengar - Panel Lawyer for the respondent No.3/State.

Heard learned counsel on the question of admission on 22.4.2024. This second appeal has been filed by the appellant/defendant against

judgment and decree dated 15/09/2022 passed by the Third District Judge, Itarsi, District Narmadapuram in Regular Civil Appeal No.04/2020 whereby the appeal preferred by appellant has been dismissed and judgment and decree of the trial Court dated 18.12.2019 passed in Civil Suit RCSA/22/2019 decreeing the suit of the respondent/plaintiffs has been affirmed.

Learned counsel for the appellant/defendant submitted that the appellant has lost in both the courts. It is further contended that both the courts have failed to appreciate that the suit was time barred though pleading

in this regard has been made by the defendant in written statement. It is also submitted that trial Court failed to frame issues regarding adverse possession and on the point of limitation. It is also averred that learned first appellate Court erred in allowing the application under Order 41 Rule 27 CPC whereby appellant sought to bring additional evidence of agreement dated 22.12.1989 in respect of disputed property whereas it ought to have

2 SA-2145-2022 remanded the case to the trial Court.

Considered the arguments and perused the record. Taking into account the pleadings of parties, evidence on record and findings recorded by both the Courts as also the issues framed, this appeal seems to be arguable and hence, it is admitted on the following substantial questions of law:-

"(i) Whether the finding regarding encroachment can be decided without proper demarcation report?

(ii) Whether the suit was time barred?.

(iii) Whether the judgment of the trial Court and appellate Court are legally correct?"

Considered I.A.No.11350/2022, which is an application for stay. Taking into account the circumstances of the case it is directed that

both the parties shall maintain status quo regarding suit property as it exists today till next date of hearing.

List this appeal for hearing in due course.

(AVANINDRA KUMAR SINGH) JUDGE

RM