Suryakali vs Brijrajdhar
2021 Latest Caselaw 496 MP

                                                           1                                 SA-1807-2019
                               The High Court Of Madhya Pradesh
                                           SA-1807-2019
                                        (SURYAKALI AND OTHERS Vs BRIJRAJDHAR AND OTHERS)

                      3
                      Jabalpur, Dated : 04-03-2021
                              Mr. Ramanath Dwivedi, learned counsel for the appellant.
                              Record of Courts below have been received.
                              Heard on the question of admission.
                              Having heard, perused the records and the impugned judgments, this
                      appeal is admitted for final hearing on the following substantial questions of

                      law.
                                   "A. Whether the learned first appellate Court has rightly decided
                             the issue with regard to the fact that ancestors of the respondents got

mutation in suit land with valid title over the property ?

B. Whether the learned first appellate Court has rightly arrived at a conclusion that the suit property was not the share of plaintiff's ancestor Muniraj Tiwari ?

C. Whether the Courts below, in the facts of the case, were right in law to arrive at a conclusion that the appellant was not able to prove

the possession over the suit property ?

D. Whether the learned first appellate Court has rightly arrived at a conclusion that the suit filed by the plaintiffs was barred by limitation ? Issue notice on admission and also on I.A.No.7711/2019 filed under Order 39 Rule 1 & 2 of CPC along with copy of framed substantial questions of law to the respondents on payment of PF within one week by both modes, returnable by four weeks.

Meanwhile, both the parties are directed to maintain status-quo and not to create third party interest in the suit property till the next date of hearing.

List after four weeks.

Signature Not
                                                                    (AKHIL KUMAR SRIVASTAVA)
 SAN
Verified                                                                     JUDGE
Digitally signed by
NEETI TIWARI
Date: 2021.03.04
16:41:00 IST
      2   SA-1807-2019
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