Smt. Munni Pyasi vs Shivendra Kumar Pyasi
2021 Latest Caselaw 7965 MP

                                                                      1                                 SA-923-2021
                                           The High Court Of Madhya Pradesh
                                                     SA No. 923 of 2021
                                           (SMT. MUNNI PYASI AND OTHERS Vs SHIVENDRA KUMAR PYASI AND OTHERS)

                                   3
                                   Jabalpur, Dated : 29-11-2021
                                         Shri Sanjay Agarwal, learned counsel for the appellants.
                                         Heard on the question of admission and interim relief.
                                         The appeal is admitted for final hearing on the following substantial
                                   question of law :-
                                                      i) Whether the Will suffers from mandatory requirement of

                                                section 63(C) of the Indian Succession Act, 1925, as the same was
                                                not attested by two witnesses ?
                                                      ii) Whether absence of signatures on the Will of Shri
                                                Ramadhiraj renders the Will suspicious ?
                                         Shri T.K.Modh, learned counsel appears on behalf of the respondent

no.1 and 2 on caveat. Hence no notice to respondents no.1 and 2 is necessary.

Issue notice to the no.3 on payment of process fees by RAD mode within seven days.

Also heard on I.A.No.4761/2021, an application for stay. In the meanwhile, the effect and operation of the impugned judgment and decree dated 30.6.2021 passed by 7th Addl. District Judge, Satna, in R.C.A.No.27/2018 shall remain stayed during the pendency of this appeal.

List the appeal for final hearing as per its turn.

(S. A. DHARMADHIKARI) JUDGE

HS

Signature Not Verified SAN

Digitally signed by HEMANT SARAF Date: 2021.11.30 10:28:42 IST