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Madhya Pradesh High Court

The State Of Madhya Pradesh vs Shahid Kha @ Pappu on 3 September, 2015

Author: Prakash Shrivastava

Bench: Prakash Shrivastava

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                      S.A.No.329/2014

3.9.2015

     Mr. Yogesh Mittal, counsel for appellant/State.

     Mr. Umesh Gajankush, counsel for respondent.

Heard on the question of admission. The Appeal is admitted for final hearing on the following substantial questions of law :

"(i) whether the finding of the first appellate court that respondent was in possession of the suit property on the date of filing of the suit and is continuing in possession thereof, is a perverse finding ?
(ii) whether the first appellate court is justified in holding that respondent was earlier dispossessed without adopting the due process of law ?"

Counsel for the appellant is directed to supply the copy of memo of Appeal along with annexures and questions of law formulated by the court to the counsel for respondent within one week.

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(Prakash Shrivastava, J.) mk