Santosh Bai vs Karankunwar Bai
2022 Latest Caselaw 6145 MP

 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

                           SA No. 609/2022



Indore, dated 25/4/2022
        Shri Gourav Shrivastava learned counsel for appellant.
        Heard on admission.
        Learned counsel for the appellant placed reliance upon
judgment of the Hon'ble Apex court in the case of          Bachchaj
Nahar Vs. Nilima Mandal and others reported in AIR 2009 SC
1103.
        This second appeal is admitted for final hearing on following
substantial questions of law:
    1/       Whether the learned lower appellate court was
    justified in misconceiving the suit of declaration perpetual
    injunction and cancellation of the sale deed as to the suit of
    partition?
    2/       Whether the learned lower appellate court was
    justified in declaring a sale deed which is void ab initio as
    valid?
    3/       Whether in the facts and circumstances of the case
    both the learned lower appellate court has erred in modifying
    and altering the judgment and decree of the learned trial
    court without considering the substantial evidences on record
    which clearly shows that the appellant/plaintiff has
    successfully proved his case before the learned trial court?

        Let notice be issued to the respondents on payment of PF

within one week. Notice be made returnable within 8 weeks. HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

SA No. 609/2022

Counsel for appellant prays for interim stay by pressing IA No. 1569/2022 Considering the facts and circumstances of the case, the effect and operation of the impugned judgment and decree dated 10.2.2022 passed by First District Judge Agar District Shajapur shall remain stayed, till the next date of hearing.

C.C. as per rules.

(ANIL VERMA) JUDGE BDJ

Digitally signed by BHUVNESHWAR DATT JOSHI Date: 2022.04.26 11:11:20 +05'30'