Citation : 2022 Latest Caselaw 2512 MP
Judgement Date : 22 February, 2022
1
The High Court Of Madhya Pradesh
SA No. 798 of 2020
(RAGHUWANSH PRASAD PATEL AND OTHERS Vs ARVIND KUMAR PATEL AND OTHERS)
Jabalpur, Dated : 22-02-2022
Shri Arvind Kumar Singh, counsel for the appellants.
Ms. Seema Jaiswal, Panel Lawyer for the State.
Shri R.P.Patel, counsel for the caveator.
Heard on the question of admission.
The appeal is admitted on the following substantial question of law:
(i) Whether, learned first appellate Court is justified in partly
reversing the judgment and decree of the trial Court.
(ii) Whether, findings recorded by learned first appellate Court are
contrary to the evidence on record and therefore the same are perverse.
(iii) Whether, learned first appellate Court committed gross
illegality in non-appreciating the aspect that defendant No.1 himself admitted
that suit lands are ancestral property in registered partition deed executed on
22.10.1996 (Ex. P/1).
(iv) Whether, learned first appellate Court is justified in ignoring the
aspect that in absence of consideration amount sale-deed rendered null and
void.
Issue notice on the memo of appeal as well as on the above substantial
question of law to the respondents on payment of process fees within seven
working days by ordinary as RAD mode.
Status quo/interim relief already ordered by this Court on 04.03.2021 shall remain in operation during the pendency of the appeal.
I.A. No.3760/2020 stands allowed and disposed of. List for final hearing in due course.
(SMT. ANJULI PALO) JUDGE vidya Digitally signed by SREEVIDYA Date: 2022.02.23 17:10:22 +05'30'
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