Jakir Hussain vs Smt. Santoshdevi
2022 Latest Caselaw 5210 MP

                   IN THE HIGH COURT OF MADHYA PRADESH
                                 AT INDORE

                                     SA No. 375 of 2015
                          (JAKIR HUSSAIN Vs SMT. SANTOSHDEVI AND OTHERS)



  Dated : 08-04-2022


          Shri Sameer Anant Athawale, learned counsel for the appellant.

          Heard on the question of admission. Perused the record.

          The appeal is admitted on the following substantial question of law :

                  (i)    Whether the plaintiff has not pleaded and proved the
                  facts of easementary right as per the requirement of Section
                  15 of the Indian Easements Act, 1882?

                  (ii) Whether the judgment and decree passed by the
                  Courts below are not sustainable in law?

                  (iii) Whether the decree of easementary right can be
                  granted on the wall of common ownership?


          Issue notice to the respondents along with substantial question of law on

payment of process fees within seven days.

List after six weeks.

(AMAR NATH (KESHARWANI) JUDGE

vidya

SREEVIDYA 2022.04.08 18:18:53 +05'30'