Gyanendra Prasad Pandey vs Sheevendra Singh
2024 Latest Caselaw 15216 MP

Madhya Pradesh High Court

Gyanendra Prasad Pandey vs Sheevendra Singh on 21 May, 2024

Author: Dwarka Dhish Bansal

Bench: Dwarka Dhish Bansal

                                                                  1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                        SA No. 2083 of 2023
                                 (GYANENDRA PRASAD PANDEY AND OTHERS Vs SHEEVENDRA SINGH AND OTHERS)

                          Dated : 21-05-2024
                                Shri N.K Tiwari - Advocate for the appellants.

                                Shri R.N Tiwari - Advocate for the respondents 1, 2 & 3.

Heard on the question of admission.

Appeal being arguable is admitted for final hearing on the following substantial questions of law:-

"1. Whether first appellate Court has erred in reversing the judgment and decree of trial Court just contrary to the law laid down by the Supreme Court in the case of Santosh Hazari Vs Purushottam Tiwari (Dead) By LRs (2001) 3 SCC 179 ?

2. Whether first appellate Court has committed illegality in dismissing the suit for want of relief of declaration of title without reversing the finding recorded by trial Court on the question of title in para 21 of its judgment ?

3. Whether in the existing facts and circumstances of the case, in the suit simplicitor for possession, the plaintiff was required to seek declaration of his title ?"

Also heard on I.A.No.13939/2023, which is an application under Order 39 Rule 1 & 2 read with Section 151 CPC.

After arguments learned counsel for the appellants prays for withdrawal of this application (I.A.No.13939/2023) with liberty to file fresh application.

Accordingly, I.A.No.13939/2023 is dismissed as withdrawn with the

aforesaid liberty.

Shri R.N Tiwari - Advocate accepts notice of final hearing on behalf of respondents 1, 2 & 3 who has already been supplied copy of memo of appeal and other documents.

Issue notice of final hearing along with extract of substantial questions of law to the respondents 4 & 5 on payment of process fee within seven working days, failing which this appeal shall stand dismissed without further reference to the Court.

List for final hearing in due course after service of notice on the respondents 4 & 5.

(DWARKA DHISH BANSAL) JUDGE

SN