Deceased Banshilal Thru. Lrs. ... vs Kantilal
2022 Latest Caselaw 1708 MP

                                                                        1
                                            The High Court Of Madhya Pradesh
                                                      SA No. 27 of 2018
                                         (DECEASED BANSHILAL THRU. LRS. RAJESH AND OTHERS Vs KANTILAL AND OTHERS)

                                   Indore, Dated : 07-02-2022
                                          Heard through Video Conferencing.

                                          Shri Vinay Saraf, learned senior counsel with Shri Rizwan Khan,
                                   learned counsel for the appellant.
                                          Shri Mukesh Kumar Tare, learned counsel for respondents No.3 & 4.

Shri Kapil Mahant, learned PL for the State. Heard on admission.

This second appeal is admitted for adjudication of following substantial questions of law:-

(1) Whether, the findings recorded by the learned courts below in respect of gift deed dated 25.9.1971 bearing registration No.7 dated 4.1.1972 were perverse?

(2) Whether, the lands purchased by the defendant No.1 Banshilal Rathore through registered sale deeds were his personal properties in view of the fact that he was doing business independently?

(3) Whether, the suit filed by the plaintiffs on 3.4.1995 in respect of the

properties acquired by the defendant No.1 in his own name through registered sale deeds dated 6.7.1961, 2.6.1967, 10.5.1968 and 21.2.1980 was within the limitation?

(4) Whether, the lands being different survey numbers of village Khoi, Kasba Bhikangaon and Bedadhanya sold by the plaintiffs shall be considered as fallen in the share of plaintiffs in partition?

(5) Whether, the trial court committed error in not deciding all the issues afresh vide judgment dated 28.7.2011 in spite of the fact on record that the learned appellate court set aside the earlier judgment passed by learned trial Court on 28.10.2005 vide order dated 10.1.2008?

Signature Not Verified SAN Both the parties are heard on IA No.5274/2021 & IA No.5900/2018 ,

Digitally signed by TRILOK SINGH SAVNER Date: 2022.02.08 11:48:01 PST

which are the applications under Order 39 Rule 1 & 2 read with Section 151 of CPC.

Considering all the facts and circumstances of the case, both the parties are directed that they will not alienate or create any third party right on the suit property and status quo shall be maintained regarding the suit property.

Revenue authorities are free to proceed in the concerned demarcation proceedings.

Counsel for the appellant is directed to supply a copy of the appeal memo along with the questions of law formulated by this Court to counsel for the respondents.

C.C. as per rules.

(ANIL VERMA) JUDGE

trilok

Signature Not Verified SAN

Digitally signed by TRILOK SINGH SAVNER Date: 2022.02.08 11:48:01 PST