Brijwasi Tamrakar vs Kanhaiyalal
2021 Latest Caselaw 860 MP

                                                           1                                SA-1305-2020
                               The High Court Of Madhya Pradesh
                                           SA-1305-2020
                                    (BRIJWASI TAMRAKAR AND OTHERS Vs KANHAIYALAL AND OTHERS)

                      5
                      Jabalpur, Dated : 18-03-2021
                              Ms. Sanjna Sahni, learned counsel for the appellants.
                              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 courts below have grossly erred in holding
                             merely for non production of the deed of partition, that plaintiffs have
                             not proved that the suit land had fallen to the share of plaintiff no.1 and
                             Motilal in a partition effected by Ishwardeen by completely overlooking
                             the other material available on record in proof of the said fact ?
                                   B. Whether the plaintiffs have satisfactorily proved by way of the
                             oral as well as the documentary evidence adduced by them that they are
                             in exclusive possession of the suit land which evidence has not been

                             appreciated in its proper perspective by both the courts below in
                             arriving at a finding to the contrary ?
                                   C. (i) Whether the lower appellate court has committed a gross
                             error of law as well as procedure in rejecting the application under Order
                             41 Rule 27 of Code of Civil Procedure filed by plaintiffs for taking
                             additional documents on record merely on the ground of delay without
                             even considering the nature and importance of the documents ?
                                   (ii) Whether the lower appellate court has illegally rejected the
                             application under section 51 of the Code of Civil Procedure filed by
                             plaintiffs for making of exhibit on the partition deed filed before the trial
                             court on wholly irrelevant considerations ?

Signature Not                      D. Whether in the facts and circumstances of the case plaintiff's
 SAN
Verified

Digitally signed by
NAVEEN NAGDEVE
Date: 2021.03.18
16:39:04 IST
                                      2                             SA-1305-2020
        claim for permanent injunction was very much maintainable even without
        claiming relief of declaration of title whereas the lower appellate court
        has erred in holding to the contrary ?
         Issue notice of this admission and on I.A. No. 6112/2020 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 six weeks.

By way of interim measure, parties are directed to maintain status quo as it exists today till the next date of hearing.

List after six weeks.

(AKHIL KUMAR SRIVASTAVA) JUDGE

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