Rewa Shankar vs Rakesh Kumar
2024 Latest Caselaw 28250 MP

Madhya Pradesh High Court

Rewa Shankar vs Rakesh Kumar on 14 October, 2024

Author: Avanindra Kumar Singh

Bench: Avanindra Kumar Singh

                                                             1                                 SA-2362-2023
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       SA No. 2362 of 2023
                                              (REWA SHANKAR Vs RAKESH KUMAR AND OTHERS )



                           Dated : 14-10-2024
                                 Shri Aditya Narayan Sharma - Advocate for the appellant.
                                 Shri Mukund Agrawal - Advocate for the respondent/State.

Record is received.

Heard on admission.

It is submitted by learned counsel for the appellant that it is a case of

reversal of decree. It is submitted that suit of plaintiff (Rewa Shanker) was decreed and counter claim of defendant was dismissed by the learned trial Court vide judgment and decree dated 01.10.2019. On an appeal by the defendant before the learned first appellate Court vide judgment and decree dated 27.6.2023 the appeal has been partially allowed and appeal in respect of counter claim has been partially dismissed by the first appellate Court.

The appeal seems to be arguable and hence, it is admitted on the following substantial questions of law:-

"(i) Whether the allotment of service land and the reduced salary is sufficient to establish the right of the Kotwar to the land?

(ii) When the lower appellate court has found the possession of the plaintiff/appellant over the suit land has rejected the counter claim of the dependent/respondent No.1, whether the order dismissing the suit can be termed illegal?"

2 SA-2362-2023

On payment of process fee by RAD mode within ten working days issue notice of this appeal alongwith aforesaid substantial questions of law to the respondent No.1.

Also considered I.A.No.1911/2024 & I.A.no.1912/2024 which are applications under Order 39 Rules 1 & 2 CPC & Order 41 Rule 5 CPC.

It is submitted by learned counsel for the appellant that mutation proceedings are going on in the revenue court.

Considering the facts of the case, it is directed that meanwhile both the parties shall maintain status quo as it exists today in respect to the suit property and no further proceedings arising out of impugned judgment &

decree shall take place till next date of hearing in the revenue court.

List this case after notice service report is received.

(AVANINDRA KUMAR SINGH) JUDGE

RM