S.B.SINHA, MUKUNDAKAM SHARMA
Santosh Sood – Appellant
Versus
Gajendra Singh – Respondent
Judgment :-
S.B. Sinha, J.
1. Leave granted.
2. The extent of jurisdiction of the High Court to pass an order of demolition of property, ownership whereof is claimed by the appellant without giving him an opportunity of hearing is the question involved herein.
3. The said question arises in the following factual matrix :
This appeal is directed against the impugned judgment and order dated 14.3.2007 passed by the High Court of Judicature for Madhya Pradesh, Jabalpur Bench, Gwalior in Writ Petition No.5429 of 2006 directing the respondents for taking steps for dispossessing the petitioner from the disputed land; as also the order dated 28.09.2007 of the said Court dismissing the review petition being No. MCC 254 of 2007 filed for review of the said order dated 14.3.2007.
The petitioner had obtained a loan of Rs.9 lakhs from Respondent No.8, namely, the State Bank of Indore, Sheopur for construction of a building which was to be let out to the bank upon completion of construction. The Respondent-bank had duly verified the title of the appellant by obtaining a search report through its panel lawyer Mr. Mahendra Kumar Jain. It furthermore obtained legal opinion from the aforesaid panel
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