Devendra Kumar Tiwari vs Shiekh Jumman
2024 Latest Caselaw 28082 MP

Madhya Pradesh High Court

Devendra Kumar Tiwari vs Shiekh Jumman on 4 October, 2024

Author: Avanindra Kumar Singh

Bench: Avanindra Kumar Singh

                                                              1                                  SA-2211-2023
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       SA No. 2211 of 2023
                                          (DEVENDRA KUMAR TIWARI Vs SHIEKH JUMMAN AND OTHERS )



                           Dated : 04-10-2024
                                 Shri Greeshm Jain - Advocate for the appellant.
                                 Shri Aditya Choubey - Government Advocate for the respondent

No.11.

Record is received.

I.A. No. 16020 of 2023 for ignoring the default and I.A.No.16416 of

2023 for recalling the order are dismissed on the request of learned counsel for the appellant.

I.A. No. 11186 of 2024 is an application under Order 1, Rule 10 of C.P.C. for impleading the purchaser of the property during the pendency of appeal.

In view of the grounds mentioned therein, I.A. No. 11186 of 2024 is allowed.

Let the amendment be carried out within 7 working days. Thereafter, on payment of P.F. within 7 working days issue notice to

the newly added respondent.

It is submitted by learned counsel for the appellant that suit was filed by respondent Sheikh Maqbool and others.

The trial Court in Civil Suit No. 400015A/2015 vide judgment and decree dated 30.08.2022 partially allowed the suit. Learned First Appellate Court in Regular Civil Appeal CIS No. 42/2022 vide judgment and decree

2 SA-2211-2023 dated 18.08.2023 remanded the case.

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

"(II) Whether the lower appellate Court was correct in exercising its power U/o 41 Rule 23, 23(A) and 25 of the Civil Procedure Code, when every point of issue was well decided by the trial Court ?"

On payment of P.F. within seven working days, issue notice to the respondents No. 1 to 10 only on admission, substantial question of law and pending I.As.

Till the next date of hearing, both the parties are directed to maintain status quo as on today in respect of the suit property.

List the case after receipt of service report.

(AVANINDRA KUMAR SINGH) JUDGE

VSG