Wajid Khan vs Shahnaz Bi
2021 Latest Caselaw 503 MP

                                                         1                                SA-1052-2020
                              The High Court Of Madhya Pradesh
                                          SA-1052-2020
                                            (WAJID KHAN Vs SHAHNAZ BI AND OTHERS)

                      4
                      Jabalpur, Dated : 04-03-2021
                             Ms. Anjali Shrivastava, learned counsel for the appellant.
                             Shri S.G. Goswami, learned counsel for the respondent.

Appellant/plaintiff has filed Second Appeal against the judgment and decree dated 29.02.2020 passed by the First Additional District Judge, Hosangabad in regards of Civil appeal No. 78/2017 whereby learned First

Additional Sessions Judge dismissed the appeal presented by appellant/plaintiff Heard on question of admission.

The appeal is admitted on the following substantial questions of law :-

"1. Whether the Courts below are justified in dismissing the suit of the appellant/plaintiff in respect to the entire claim, whereas the defendant admitted in their written statement that 4 acres of land voluntarily was given by the mother to the plaintiff, who remained in possession to that extent? 2 . Whether the Court below are justified in traveling beyond the pleading on record while dismissing the suit of the plaintiff" Learned counsel for the respondent prays for and is granted time to file reply of I.A. No. 4676/2020.

Meanwhile, respondent is directed not to create third party in the disputed property till the next date hearing.

List the matter after three weeks.

                                                             (RAJENDRA KUMAR SRIVASTAVA)
                                                                        JUDGE


                      R




Signature
 SAN      Not
Verified

Digitally signed by
ROSHNI SINGH
PATEL
Date: 2021.03.04
16:39:10 IST