Chief Municipality Officer/ Cmo vs Virender Patel
2024 Latest Caselaw 28231 MP

Madhya Pradesh High Court

Chief Municipality Officer/ Cmo vs Virender Patel on 14 October, 2024

Author: Avanindra Kumar Singh

Bench: Avanindra Kumar Singh

                                                                1                                   SA-2299-2024
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                          SA No. 2299 of 2024
                                       (CHIEF MUNICIPALITY OFFICER/ CMO Vs VIRENDER PATEL AND OTHERS )



                           Dated : 14-10-2024
                                 Shri Girish Shrivastava -Senior Advocate through video conferencing
                           and    on      his    behalf      Ms.     Coleen       Boucha       -Advocate    for
                           appellant/defendant present in the court.

                                 Record is received.
                                 Heard on admission.

                                 Learned senior counsel for the appellant/defendant submits that this is
                           case of reversal of decree. Suit was dismissed by the trial court. Appellate
                           court decreed the suit of the plaintiff/defendant Virendra Patel & others.
                                 The appeal is admitted for final hearing on the following substantial
                           questions of law :-
                                 (i)   Whether in the facts and circumstances of this case judgment and
                           decree of the lower Appellate Court is vitiated under law as it exceeded its
                           jurisdiction and passed the Degree for which Plaintiffs never pleaded and
                           sought relief ?
                                 On payment of process fee within seven working days issue notice of
                           this appeal alongwith substantial questions of law to the respondents.

In the meantime, it is directed that the effect and operation of the decree of appellate court dated 26.07.2024 passed in R.C.A No. 1/2020 shall remain stayed till the next date of hearing.

It is made clear that the plaintiff/defendant Virendra Patel & others

2 SA-2299-2024 shall continue to pay license fee to the appellant/defendant as before till the next date of hearing.

List after service report is received. Certified copy as per rules

(AVANINDRA KUMAR SINGH) JUDGE

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