Bhagwan Das Khatik vs Harprasad Katik
2021 Latest Caselaw 6941 MP

                                         1                                 SA-370-2014
                 The High Court Of Madhya Pradesh
                             SA-370-2014
                 (BHAGWAN DAS KHATIK AND OTHERS Vs HARPRASAD KATIK AND OTHERS)

4
Gwalior, Dated : 27-10-2021
           Shri Prashant Sharma, learned counsel for the appellants.
           Heard on the question of admission.
           The appeal is admitted on the following substantial question of law :-
           1. Whether in the facts and circumstances of the case presumption
under Section 90 of the Evidence Act can be drawn on the certified copy to

prove the signature which has been specifically denied in the light of judgment
Shri Lakni Baruan and others Vs Padma Kanta Kalita, AIR 1996 SC
1253 ?
           2.Whether in the facts and circumstances of the case, the defendants
have failed to prove the sale deed as per the guidelines given by the Division
Bench of this Court in the case of Ramibai Vs Life Insurance
Corporation of India, 1981 JLJ388 ?
           On payment of process fee within three working days, issue notice to
the respondents by RAD mode, failing which appeal shall stand dismissed

without further reference to the Bench. Notice be made returnable within four weeks.

In the meanwhile, it is directed that parties shall maintain status quo as it exists today in respect of the suit property till the next date of hearing.

List this matter in the week commencing 06/12/2021.

(S. A. DHARMADHIKARI) JUDGE

Prachi

PRACHI MISHRA 2021.10.2 7 18:01:05 +05'30'