Smt. Urmila Jaiswal vs Smt. Purnima Devi (Dead) Through Lrs ...
2024 Latest Caselaw 12537 MP

Madhya Pradesh High Court

Smt. Urmila Jaiswal vs Smt. Purnima Devi (Dead) Through Lrs ... on 3 May, 2024

Author: Dwarka Dhish Bansal

Bench: Dwarka Dhish Bansal

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                         SA No. 2287 of 2022
                            (SMT. URMILA JAISWAL Vs SMT. PURNIMA DEVI (DEAD) THROUGH LRS RAHUL AGRAWAL AND
                                                                OTHERS)

                         Dated : 03-05-2024
                               Shri Siddharth Gulatee - Advocate for the appellant.

                               Shri Mukesh Agrawal and Shri Mukesh Kumar Shukla - Advocates for
                         respondent 1.

Heard on the question of admission.

Appeal being arguable is admitted for final hearing on the following

substantial question of law :

"1. Whether courts below have committed illegality in passing the judgment and decree without getting demarcated the suit property "

Also heard on IA No.12043/2022, which is an application under Order 41 Rule 5 CPC.

Shri Mukesh Agrawal and Shri Mukesh Ku. Shuykla-Advocates accept notice of final hearing and IA No.12043/2022 on behalf of respondent 1 and pray for two weeks' time to file reply to the application.

Issue notice of final hearing and IA No.12043/2022 along with extract of substantial question of law to respondents 2-12 on payment of P.F. within seven working days, failing which this appeal shall stand dismissed without further reference to the Court.

In the meantime execution of decree in respect of possession shall remain stayed until further orders.

It is also hereby directed that both the parties shall maintain status-quo in respect of the suit property and shall not alienate further and shall also not raise

any construction until further orders.

List for further consideration of IA No.12043/2022 after service of notice on respondents.

(DWARKA DHISH BANSAL) JUDGE

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