Citation : 2024 Latest Caselaw 4782 MP
Judgement Date : 19 February, 2024
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
SA No. 93 of 2022
(UNION OF INDIA Vs ADHYATMA VIDHYAPEETH AND OTHERS)
Dated : 19-02-2024
Shri R.K. Pandey - Advocate for appellant.
Shri S.S. Sengar - Advocate for respondent No. 8/State.
Record is received.
Heard on admission.
Learned counsel for the appellant submit that this is a case of partial
reversal of decree.
The appeal is admitted on the following substantial questions of law :-
"1. Whether the learned First appellate Court has ignored that as per the Ancient Monuments, Archaeological Sites and Remains Act, 1958, The Ancient Monuments, Archaeological Sites and Remains Rules, 1959 & Section 4(3) of Upasna Sthal (Vishesh Upband) Adhiniyam 1991, all the ancient monument situated on the disputed land have already been handed over to the appellant are reserved and open for tourism purpose only and not for general worship purpose and erred in passing the impugned judgment and decree dated
27.09.2021?
2. Whether the learned first appellate Court erred in partly reversing the judgment and decree dated 29.09.2018 passed by the learned trial Court, vide impugned judgment and decree dated 27.09.2021?"
On payment of process fees within seven working days, issue notice to the respondent Nos. 1 to 7 of this appeal, aforesaid substantial questions of law and IA No. 261/2022.
Meanwhile, both the parties shall maintain status quo regarding the suit
property, till the next date of hearing.
(AVANINDRA KUMAR SINGH) JUDGE
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