Alok Sharma vs Prabha Bai Dubey
2022 Latest Caselaw 4484 Chatt

                                            1

                HIGH COURT OF CHHATTISGARH, BILASPUR
                                    Order Sheet
                                SA No. 253 of 2022
             Alok Sharma & Another Versus Prabha Bai Dubey & Others
                                   (along with)
                                SA No.256/2022



14/07/2022         Mr. Manoj Paranjpe, counsel for the appellants.

                   Mr. Avinash K. Mishra, Government Advocate of the
             State/respondent No.8.

Heard on admission.

Perused the judgment of both the Courts below and also perused the record.

On due consideration, both the appeals are admitted for final hearing on the following substantial questions of law:-

"(A) Whether the findings recorded by both the Courts below in respect of Will dated 21.11.1994 (Ex.D/6) are perverse and contrary to the well settled law?

(B) Whether the learned Court below have wrongly shifted the burden on the defendant to prove, due execution of Will dated 21.11.1994 though the burden to prove the fraud as alleged in the plaint was on the plaintiff?

(C) Whether the learned lower appellate Court has justified in granting the decree in favour of plaintiff ignoring Section 15(1)(b) of the Hindu Succession Act, 1956?

(D) Whether the plaintiff who set up the claim on the basis of

Will dated 04.11.1980 has proved due execution of sale deed in accordance with Section 63 of the Indian Succession Act, 1925 and Section 68 of the Evidence Act?"

Issue notice to respondents except the State/respondent No.8 along with the copy of the substantial questions of law.

Also heard on application (I.A.01/2022) for grant of stay.

Issue notice to respondents except the State/respondent No.8 also on this application.

P.F. be paid as per rules.

In the meantime, it is directed that the effect and operation of impugned judgment and decree dated 22.02.2022 passed in Civil Appeal No.48-A/2019 passed by Second Additional District Judge, Durg (C.G.) shall remain stayed till the next date of hearing.

Both the parties are directed to maintain the status quo of the suit property till the next date of hearing.

List these matters after six weeks.

Sd/-

(Arvind Singh Chandel) Judge

Vasant