Omprakash Somani vs Kailashchandra Somani
2022 Latest Caselaw 5259 MP

HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

                       Second Appeal No.434/2022
             (Omprakash Somani Vs. Kailashchandra Somani & Anr.)
                                      -1-

Indore, dated 11/04/2022
         Shri A. S. Garg, learned Senior Counsel with Shri Arpit
Kumar Oswal, learned counsel for the appellant.
         Shri Harish Joshi, learned counsel for the respondent No.1.

Heard learned counsel for the appellant on the question of admission.

This second appeal is admitted for final hearing on the following Substantial Questions of Law:-

"a. Whether, the Ld. Courts below committed grave error of law while placing the reverse burden upon the defendant to prove that the disputed property was not purchase by the plaintiff? b. Whether, the Ld. Courts below committed grave error of law:

while holding that exhibit D/12 is a partition deed whereas the documents itself infers that it is an agreement of compromise?

c. Whether, the Ld. First appellate Court committed grave error of law while framing issue placing burden upon the defendant to prove that the property in question was purchased out of the income of the HUF but failed to remand the matter to afford sufficient opportunity to the defendant to lead/exhaust his evidence?

d. Whether, the plaintiff was able to prove that the suit property was purchased by his own funds considering his admissions that he was not having source of income?

e. Whether, the Ld. Courts below committed grave error of law while shifting the burden on the defendant to prove that the property was of HUF property in light of the admissions made by the plaintiff that no partition has taken place between the members of HUF?

f. Whether, the Ld. First Appellate Court committed grave HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

Second Appeal No.434/2022 (Omprakash Somani Vs. Kailashchandra Somani & Anr.)

error of law by not holding that the suit is time barred?"

Counsel for the respondent No.1 prays for and is granted time to file reply to pending IA.No.1207/2022.

Counsel for the appellant prays for grant of interim stay. Considering all the facts and circumstances of the case, it is directed that till the next date of hearing, the effect and operation of the impugned judgments and decrees passed by the Courts below shall remain stayed.

Certified copy as per rules.

(ANIL VERMA) JUDGE Tej

Digitally signed by TEJPRAKASH VYAS Date: 2022.04.11 18:22:37 +05'30'