Jethanand vs Brajesh Kumar
2025 Latest Caselaw 427 MP

Madhya Pradesh High Court

Jethanand vs Brajesh Kumar on 6 May, 2025

                                                           1                                  SA-564-2025
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                     SA No. 564 of 2025
                                        (JETHANAND AND OTHERS Vs BRAJESH KUMAR AND OTHERS )



                         Dated : 06-05-2025
                               Shri Jai Prakash Mishra - learned counsel for the appellants.

                               Learned counsel for the appellants argued on admission.
                               It is pointed out that dispute in this case is about the passage ad-
                         measuring 100X1.8 feet. The construction in question was made by the
                         defendants in the year 2007 and the suit is filed in the year 2016. Both the

                         Courts have passed the decree of possession in favour of the plaintiffs.
                               Learned counsel for the appellants placed reliance upon the judgment
                         of this Court in the case of Gyanchand & Anr. Vs. Mohanlal & Ors. reported
                         in 2008(1) MPJR 81 and argued that looking to the facts and circumstances
                         of the case instead of passing decree for possession, learned Court below
                         ought to have awarded adequate compensation to the defendants, looking to
                         the comparative hardship of the parties.
                               In view of the aforesaid, appeal is admitted on following substantial
                         question of law;

                                    "(i) Whether, the Courts below erred in granting decree for
                              possession to the plaintiffs instead of awarding compensation in
                              view of the judgment of this Court in the case of
                              Gyanchand (supra)?"

                               Also heard on IA No.3314/2025 which is an application under


Signature Not Verified
Signed by: RAHUL SINGH
PARIHAR
Signing time: 5/8/2025
10:04:14 AM
                                                           2                              SA-564-2025
                         Order 41 Rule 5 of CPC.
                                 Issue notice on admission alongwith substantial questions of law as
                         well as IA No.3314/2025 to the respondents on payment of process fee by

RAD mode within one week, returnable within four weeks.

Till next date of hearing and subject to hearing other side, the execution of the impugned judgment and decree shall remain stayed.

(ASHISH SHROTI) JUDGE

rahul