Madhya Pradesh High Court

Jagdish vs Pritam Kunwar on 5 June, 2025

                                                            1                           SA-1406-2025
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                     SA No. 1406 of 2025
                                               (JAGDISH Vs PRITAM KUNWAR AND OTHERS )



                         Dated : 05-06-2025
                               Appellant / plaintiff by Shri Tehjeeb Khan - Advocate.
                               Respondent No.2 - State of Madhya Pradesh by Shri Madusudan

Yadav - Government Advocate appearing on behalf of the Advocate General.

Heard on the question of admission and IA No.4916 of 2025 , an

application under Order 41 Rule 5 read with Section 151 of Code of Civil Procedure, 1908.

The appellant has filed this appeal being aggrieved by judgment and decree dated 15.04.2025 (Annexure A/1) passed in RCA No.55 of 2024 by Second District Judge, Barwani, District Barwani (MP) whereby judgment and decree dated 13.08.2024 (Annexure A/2) passed in Civil Suit bearing number RCS A/46/2023 by Second Civil Judge, Senior Division, Barwani, District Barwani has been affirmed and the suit filed by the appellant / plaintiff has been dismissed.

By referring to paragraphs No.15 and 16 of the judgment and decree dated 13.08.2024 passed by the trial Court, it has been submitted by the learned counsel for the appellant that the factum of possession of the appellant was recorded by the trial Court.

Let show cause notice by RAD Mode be issued to the respondent (s) on payment of Process Fee (PF) within a period of seven working days.

2 SA-1406-2025 Notice be made returnable within a further period of eight weeks.

Till the next date of hearing, the impugned judgment and decree passed by the Courts below shall remain stayed.

Let record of the concerned case from the trial Court as well first appellate Court be requisitioned.

IA No.1406 of 2025 (IA No.4949 of 2025 ), an application for urgent hearing during summer vacation stands allowed and disposed off.

(PAVAN KUMAR DWIVEDI) V. JUDGE

rcp