Ramashankar vs Rajendra Prasad Gautam
2024 Latest Caselaw 6424 MP

Madhya Pradesh High Court

Ramashankar vs Rajendra Prasad Gautam on 1 March, 2024

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        SA No. 2459 of 2019
                                          (RAMASHANKAR Vs RAJENDRA PRASAD GAUTAM AND OTHERS)

                           Dated : 01-03-2024
                                 Shri Vinod Kumar Dubey - Advocate for appellant.

                                 Shri A.R.S. Chouhan - Panel Lawyer for State.
                                 Shri Amit Dwivedi - Advocate for caveator.

                                 Learned counsel for appellant seeks to withdraw IA No.12986 of 2019.
                                 Accordingly, IA No.12986 of 2019 is dismissed as withdrawn.

                                 Heard on admission.
                                 The appeal is admitted on the following substantial questions of law :-

                                    "1. Whether learned appellate court is justified in reversing
                                    well reasoning finding arrived at by trial court on going
                                    through all ample and overwhelming material evidence in its
                                    proper perspective and proper appreciation of evidence
                                    available on record ?
                                    2. Whether learned appellate court below failed to see that
                                    the name of plaintiff having no included in Patta granted in
                                    Chakbandi, has acquired legal right to challenge the Patta
                                    by filing the civil suit before the court ?
                                    3. Whether in the facts and material evidence available the
                                    plaintiff has right to take plea of adverse possession for
                                    acquiring the title over the suit land ?
                                    4. Whether the judgment and decree of the appellate Court
                                    allowing the appeal of the plaintiff by reversing the findings
                                    of trial Court, are perverse ?"
                                 Is s ue notice to respondents on appeal memo as well as substantial

questions of law on payment of P.F. within seven working days.

Notice be made returnable within six weeks. List the case after six weeks.

(GAJENDRA SINGH) JUDGE DPS