Shivdas Chamar vs Garulawa
2021 Latest Caselaw 6869 MP

                                                          1                               SA-2430-2018
                                The High Court Of Madhya Pradesh
                                            SA-2430-2018
                                            (SHIVDAS CHAMAR Vs GARULAWA AND OTHERS)

                      3
                      Jabalpur, Dated : 26-10-2021
                               Shri R.K. Tiwari, learned counsel for the appellant.
                               This second appeal is fixed for argument on admission as well as I.A.
                      No.12724/2018, which is an application for staying execution of impugned
                      judgment and decree.
                               Learned trial Court as well as learned first appellate Court, both, have

                      given concurrent finding on the point that disputed property was owned by
                      late Bhimma who was brother of the appellant as well as respondent No.1's

father. After the death of Bhimma, the said property came to his wife-Smt. Sukhmati who sold the same to respondent No.1. The appellant took the defence that the disputed property was joint property of Bhimma and father of appellant and respondent No.1. Now he is claiming the above property on the basis of Patta executed in his favour by revenue authorities.

Learned counsel for the appellant seeks time to argue the matter on the point that what substantial question of law is involved in the matter. He

further prays to stay execution of proceeding pending before Executing Court.

As the appeal has not been admitted and is still pending for arguments on admission, therefore, no such interim relief can be granted in his favour. Learned counsel for the appellant is directed to argue the matter on the point of admissibility as to what substantial question of law is involved in the matter and also on I.A. No.12724/2018.

List the matter after Deepawali holidays.

                                                                    (SATYENDRA KUMAR SINGH)
                                                                             JUDGE

                      ts

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TULSA SINGH
Date: 2021.10.27
17:51:33 IST