Madhya Pradesh High Court
Asharam Bidolia vs Devendra Kumar Jain Bhayiji on 4 August, 2014
S.A.
No. 610 / 2009.
4/8/2014.
Mr.
Z.M. Shah, Advocate for the appellant.
Heard
on admission.
This
second appeal filed under Section 100 of CPC is admitted on the
following Substantial Question (s) of Law as under:-
%u201CWhether
learned lower appellate court is justified in passing the impugned
judgment and decree for eviction on the ground mentioned in Section
12 (1) (a), 12 (1) (c) and 12 (1) (d) of the M.P. Accommodation
Control Act, reversing the reasoned judgment and decree passed by the
learned trial court dismissing the suit filed by the plaintiff/
respondent ?%u201D
Issue notice of this appeal along with notice of IA No.5428/2009 which is an application under Order 41 Rule 5 CPC, to the respondents, on payment of PF within seven days, returnable in four weeks.
In the meanwhile, execution of eviction part of the decree passed by the learned lower appellate court shall remain stayed till next date of hearing.
List the case immediately after service of notice on the respondents for consideration of aforesaid IA.
CC certified copy as per rules.
(Anil Sharma) Judge Parouha/-