Basim Mohammad vs Yusuf Ali
2021 Latest Caselaw 3931 MP

                                                                         1                   SA-852-2021
         The High Court Of Madhya Pradesh
                     SA-852-2021
                                   (BASIM MOHAMMAD AND OTHERS Vs YUSUF ALI AND OTHERS)

3
Gwalior, Dated : 03-08-2021
       Heard through Video Conferencing.
       Shri NK Gupta, learned Senior Counsel with Shri SD Singh Bhadoriya,
Counsel for the appellants, heard on the question of admission as well as on
IA No. 3659/2021, an application under Order 41 Rule 5 of CPC.
       This appeal is admitted on the following substantial questions of law:-

                      ''(I) Whether the learned First Appellate Court erred in
      granting the decree in-spite of holding that plaintiffs have not
      proved the title on the basis of sale deed, dtd. 20/04/1947 ?
                      (II) Whether the learned First Appellate Court erred in
      granting the decree in favour of plaintiffs on the basis of mutation
      in the Municipal Council which was only for fiscal purpose ?
                      (III) Whether the learned Appellate Court erred in granting
      the decree on the basis of document (P1), sale deed dtd.

      20/04/1947 which is not registered as provided under Section 17(1)
      of the Indian Registration Act ?''

       Considering the submissions made by the learned Senior Counsel
appearing for the appellants, it is directed that the effect and operation of the
impugned judgment and decree dtd. 09/04/2021 passed by learned First
Additional District Judge, Sironj, District Vidisha in Civil Appeal No.06/2019,
shall remain stayed.
       Issue notice to the respondent by registered as well as ordinary mode

on payment of process fee within seven working days.

List the matter for final hearing.

(DEEPAK KUMAR AGARWAL) JUDGE

MAHENDRA Digitally signed by MAHENDRA KUMAR BARIK DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh,

KUMAR BARIK 2.5.4.20=f592da990684fe30f8e1e29a4a1a9e3451ee450d883083a 8e4cc8020eee6f7cb, cn=MAHENDRA KUMAR BARIK Date: 2021.08.04 11:35:33 +05'30' 2 SA-852-2021 mkb