Hemraj vs Rewaram
2021 Latest Caselaw 6793 MP

                                                                         1                             SA-886-2021
                                               The High Court Of Madhya Pradesh
                                                           SA-886-2021
                                                          (HEMRAJ AND OTHERS Vs REWARAM AND OTHERS)

                                    2
                                    Jabalpur, Dated : 25-10-2021
                                          Shri Dr. Anuvad Shrivastava, learned counsel for the appellants.
                                          Shri Reji Methai, learned Panel Lawyer for the respondent No.3/State,

on advance notice.

Heard on admission as well as on I.A. No.4468/2021 filed under Order 41 Rule 5 of the C.P.C.

The appeal is admitted for hearing for considering the following substantial questions of law :-

(i). Whether the learned appellate Court is jusfied in presuming family partition without any oral or written evidence as to the date, parties and terms of partition ?

(ii). Whether the learned appellate Court is justified in presuming partition on the basis of sale deep dated 05.05.1973 (Ex.P/2)?

( i i i ) . Whether without giving any finding of plaintiff possession, relief of perpetual injunction can be granted in his favour only on the ground that the defendants have denied the title of plaintiff ?

Issue notice to the respondent Nos. 1 & 2 by both modes on payment of P.F. within one week, failing which, this appeal shall stand dismissed without further reference to the Bench.

Notice be made returnable within four weeks. B y way of interim measure, effect and operation of the impugned judgment and decree dated 08.04.2021 shall remain stayed till the next date of hearing.

Signature Not Verified C. C. as per rules.

SAN

Digitally signed by SUSHEEL KUMAR JHARIYA Date: 2021.10.26 10:30:21 IST 2 SA-886-2021 (RAJENDRA KUMAR (VERMA)) JUDGE sj

Signature Not Verified SAN

Digitally signed by SUSHEEL KUMAR JHARIYA Date: 2021.10.26 10:30:21 IST