Noor Mohammad vs Babulal Deceased Through Lrs ...
2022 Latest Caselaw 1401 MP

                       The High Court Of Madhya Pradesh

                                          SA No. 72 of 2022
                       (NOOR MOHAMMAD Vs BABULAL DECEASED THROUGH LRS GYANCHAND)

              Indore, Dated : 31-01-2022
                       Heard through Video Conferencing.

                       Shri Sameer Anant Athawale, learned counsel for the appellant. .
                       Heard on the question of admission.
                       Present appeal is admitted for hearing on the following
             substantial questions of law :
                       1.    Whether the lower appellate court committed error
                       of law in allowing the appeal and reversing the judgment
                       and decree of trial court which had dismissed the suit, by
                       placing illegal wrong burden on defendants first to
                       disprove the suit and ignoring that plaintiff h prove his
                       own case?
                       2.    Whether the approach of lower appellate court in
                       relying upon the plaintiff witnesses who are the
                       interested witnesses and decreeing the suit only on basis
                       of oral evidence by ignoring the oral evidence of
                       defendant is illegal and perverse ?

                       Let notice be issued to the respondent/s on payment of PF within

seven days; returnable within eight weeks.

Also heard on I.A. no. 140/2022, which is an application filed under Order41 Rule 5 of CPC by which, the appellant prays for interim relief.

Learned counsel submits that one more SA no. 585/2020 is also pending before this Court between the same parties and the same premises and interim stay has been granted in the said appeal, therefore, in view of the circumstances of the case, it is directed that till the next date of hearing, operation of the impugned judgment and decree dated 12/11/2021 shall remain stayed.

Registry is directed to list this matter alongwith SA no. 585/2020 CC as per rules.

(ANIL VERMA) JUDGE Digitally signed by AMOL N MAHANAG Date: 2022.02.01 10:56:03 +05'30'