Smt. Shanti Prajapati vs Rajkumar Mahajan
2024 Latest Caselaw 4272 MP

Madhya Pradesh High Court

Smt. Shanti Prajapati vs Rajkumar Mahajan on 13 February, 2024

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

                                                                  1
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT GWALIOR
                                                           SA No. 2605 of 2022
                                      (SMT. SHANTI PRAJAPATI AND OTHERS Vs RAJKUMAR MAHAJAN AND OTHERS)

                           Dated : 13-02-2024
                                    Shri Yogesh Chaturvedi- Advocate for the appellants.

                                    Shri Vijay Sundaram- Government Advocate for the State.
                                    Shri K.N.Gupta Senior Advocate with Shri Kamal Mangal and Shri Rinku
                           Shakya- Advocate for the respondent No.1.

Heard on admission.

The appeal is admitted on following substantial question of law:-

1. Whether, the First Appellate Court has fallen in error in reversing the judgment and decree of the Trial Court ?

2. Whether, the decree for specific performance can be passed against the appellants without directing the purchaser of the disputed property [respondent No.2(a)] as per the provisions of Section 19-b of the Specific Relief Act ?

3. Whether, the judgment and decree passed by the First Appellate Court is perverse and against the provisions of Specific Relief Act ?

4. Whether, the First Appellate Court committed grave error of law while allowing the application filed by the plaintiff in the first appeal under Order 41 Rule 27 of C.P.C. without considering the provisions of law ?

List this case alongwith S.A.No.1665/2022. Meanwhile, both the parties are directed to maintain status quo regarding the suit property till next date of hearing.

(ROOPESH CHANDRA VARSHNEY) JUDGE

Pj'S/-