Ishwar Singh vs Kalu Singh
2022 Latest Caselaw 2252 MP

                    The High Court Of Madhya Pradesh

                                         SA No. 1037 of 2021
                                  (ISHWAR SINGH Vs KALU SINGH AND OTHERS)



             Indore, Dated : 17-02-2022
                   Shri Sameer Anant Athawale, learned counsel for the appellant
             submits that he has paid the PF, but with delay of 35 days.
                   On due consideration, the delay in filing PF is hereby condoned.
                   Let notice be issued to the respondent/s.

Notice be made returnable within eight weeks. Heard on the question of admission. Appeal si admitted for hearing on the following substantial questions of law :

i) Whether the lower appellate court erred in law in' reversing the judgment and decree of trial court which had dismissed the suit of respondent no. 1 to 7 and had allowed the counter claim of appellant on basis of settled legal provisions of law ?

(ii) "Whether the approach of lower appellate court in considering only the evidential statement of defendant witnesses only and not considering those of plaintiff witnesses can be sustained in the eyes of law and which vitiates the impugned judgment and decree ?

Learned counsel for the appellant prays for interim stay by filing I.A. no. 5110/2021.

In the meanwhile, till the next date of hearing, both the parties shall not alienate the suit property and not create any third party interest therein.

CC as per rules.

(ANIL VERMA) JUDGE

Digitally signed by AMOL N MAHANAG Date: 2022.02.17 18:24:45 +05'30'