Gangaram vs Baburao
2024 Latest Caselaw 3807 MP

Madhya Pradesh High Court

Gangaram vs Baburao on 8 February, 2024

Author: Achal Kumar Paliwal

Bench: Achal Kumar Paliwal

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      SA No. 2884 of 2019
                                                  (GANGARAM AND OTHERS Vs BABURAO)

                          Dated : 08-02-2024
                                Shri R.N.Singh - Senior Advocate with Shri Akshay Pawar - Advocate

                          for the appellant.
                                Shri Pushpendra Dubey - Advocate for respondent.

Heard on IA No.1505/2024, an application under Section 100(5) read with Section 151 of CPC for additional questions of law.

On due consideration, IA No.1505/2024 is allowed/disposed of. Also heard on the question of admission. The appeal is admitted on the following substantial question of law:-

"(1) Whether the Courts below have committed an error of law by declaring BCDE as joint property moving beyond the scope of Order 7 Rule 7 & Rule 8 of CPC ?

(2) Whether the Courts below have committed an error of law in declaring the suit property as in joint possession when no relief has been sought for the same by the respondent/plaintiff ?"

Issue notice of final hearing to the respondent by RAD mode on payment of P.F. within seven working days.

Further heard on IA No.13054/2019, an application under Order 41 Rule 5 read with Section 151 of CPC for grant of stay.

Perusal of impugned judgment reveals that plaintiff suit as well as defendant counter claim has been partly decreed.

In view of above, IA No.13054/2019 is allowed. Parties are directed to maintain status quo as it exists today with respect

to suit property.

IA No.13054/2019, is disposed of accordingly. List for final hearing in due course.

(ACHAL KUMAR PALIWAL) JUDGE

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