Citation : 2022 Latest Caselaw 6347 MP
Judgement Date : 27 April, 2022
10
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
SA No. 1586 of 2020
(YUVRAJSINGH AND OTHERS Vs LOKENDRASINGH AND OTHERS)
27-04-2022
Dated :
Shri A.S.Garg Senior Advocate along with Shri Sapnesh
Kumar Jain, learned counsel for th appellant.
Heard on admission and I.A no. 4014/2020 for stay.
Present appeal is admitted on the following substantial
questions of law :
(I) Whether the learned first appellate court
was right in not holding that remand order dated
06/10/2015 was not complied therefore the judgment
was liable to be set aside?
(II) Whether recording of name of Rajawati
Bai in revenue records was required to be proved
even when there is presumption of correctness of
such entries?
(III) Whether patta of Samwat year 2003 was
required to be proved when the same is more than 30
years old document?
(IV) Whether Rajwati Bai became
Bhoomiswami by operation of law on cominginto
force of M.P.L.R. Code 1959?
(V) Whether Will dated 15/01/1970
executed by the Rajawati Bai required any proof
when it was more than 30 years old document and
the attesting witnesses have expired?
Issue notice to the respondent/s on payment of PF within
seven days; returnable within six weeks.
Also heard learned counsel for the appellant on interim state. Considering the facts and circumstances of the case, till the the next date of hearing, effect, operation and execution of the impugned judgment and decree dated 13/03/2020 and 05/03/2019 shall remain stayed and both the parties shall also maintain status- quo in respect of the suit property.
CC as per rules.
(ANIL VERMA)
Digitally signed by AMOL N JUDGE
MAHANAG
Date: 2022.04.27 18:37:09 +05'30'
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