Madhya Pradesh High Court

Shambhu Swarnkar vs Pratibha Swarnkar on 22 May, 2025

Author: Avanindra Kumar Singh

Bench: Avanindra Kumar Singh

         NEUTRAL CITATION NO. 2025:MPHC-JBP:24787




                                                                  1                           SA-337-2025
                              IN     THE       HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       BEFORE
                                    HON'BLE SHRI JUSTICE AVANINDRA KUMAR SINGH
                                                      ON THE 22nd OF MAY, 2025
                                                  SECOND APPEAL No. 337 of 2025
                                              SHAMBHU SWARNKAR AND OTHERS
                                                          Versus
                                                   PRATIBHA SWARNKAR
                           Appearance:
                              Shri A.K. Jain - Advocate for the appellants.

                                                                      ORDER

This appeal is filed by the appellants, who have lost in both the Courts below. It is submitted that the trial court granted a decree under Section 12 (1) (c ) of M.P. Accommodation Control Act without there being any pleading and evidence.

Perused the record and judgments of both the courts, i.e. the trial court as well as appellate court.

Civil Suit No. R.C.S. A/668/2017 vide judgment and decree dated 12.9.2024 under Section 12 (1) (c ) of M.P. Accommodation Control Act prima facie does not attract the provision of M.P. Accommodation Control Act.

The appeal, i.e. Regular Civil Appeal No.118 of 2024 filed by the defendants has been dismissed by the learned First Appellate court, vide judgment and decree dated 16.1.2025.

Therefore, this second appeal is admitted on the following substantial questions of law :-

"Whether the courts below could pass a decree under Section 12 (1) (c) of M.P. Accommodation Control Act, without there being

NEUTRAL CITATION NO. 2025:MPHC-JBP:24787

2 SA-337-2025 any pleading and evidence passed a decree for eviction?"

On payment of PF within seven working days, let notice be issued to the respondent.

As an interim measure, till next date of hearing both the parties are directed to maintain status quo regarding the suit property.

List after service report is received.

(AVANINDRA KUMAR SINGH) V. JUDGE

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