Smt. Manorama Gupta vs Vishal Gupta
2024 Latest Caselaw 15185 MP

Madhya Pradesh High Court

Smt. Manorama Gupta vs Vishal Gupta on 21 May, 2024

Author: Avanindra Kumar Singh

Bench: Avanindra Kumar Singh

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        SA No. 371 of 2024
                                           (SMT. MANORAMA GUPTA Vs VISHAL GUPTA AND OTHERS)

                          Dated : 21-05-2024
                                Shri Amit Khatri - Advocate for the appellant.

                                Shri Navneet Singh Parihar - Advocate for respondent no.1.

None for respondent nos. 2 and 3 inspite of service.

Record is received.

Heard on admission.

Learned 22nd Civil Judge, Junior Division, Jabalpur by order dated 24th November 2022 had disposed of civil suit on the basis of compromise as submitted by learned counsel for the appellant-defendant. On an appeal by the plaintiff, learned First Appellate Court in Appeal No. 171/23 (Vishal Gupta Vs. Smt. Manorama Gupta) by judgment dated 24.01.2024 partly allowed the appeal.

Having heard learned counsel for the appellant, this appeal is admitted on the following substantial questions of law :-

(i) Whether the appellate court below committed the error of law in entertaining the appeal particularity when there is a specific bar under Section 96 (3) CPC against an order passed with consent of parties?

(ii) Whether the judgment and decree passed by learned appellate court in reversing the findings of trial court particularly when a new title is being created by the judgment passed by the trial court in which registration is compulsory?

Till next date of hearing, both the parties are directed to maintain the status quo regarding suit property.

List next week for arguments.

C.c. today.

(AVANINDRA KUMAR SINGH) JUDGE

bks