Raju vs Shambhulal
2022 Latest Caselaw 847 MP

                                                                   1
                                     HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
                                                          S.A. No.210/2021
                                                   Raju and Others V/s. Shambhulal


                                Indore, Dated:- 18/01/2022

                                        Shri Subodh Choudhary, learned counsel for the appellant.

                                1.      This Second Appeal is admitted on the following substantial

                                questions of law :-

                                        "(1) Whether learned appellant Court has rightly gave
                                        the benefit of presumption U/s 117 of M.P. land revenue
                                        Court while there is nothing on record in support of
                                        presumption produce by plaintiff/respondent except

Ex.P 9 which is not a conclusive proof. (2) Whether first appellant Courtwhile reversing the judgment of trial Court rightlygave the benefit of presumption by holding that defendant/appellant produce any evidence in support of his pleadings/reply. (3) Whether a civil suit can be decreed in the absence of material and documentary evidence only in the basis of some presumption.

(4) Whether while reversing the findings of Trial Court, findings of first appellant Court that defendant/ appellant has not produce any material/ documentary evidence regarding adverse possession is without considering the facts that defendant/ appellant claims his right over the disputed land by inheritance not by adverse possession."

2. Heard on IA No.1259/2021, which is an application under

Order 41 Rule 5 read with Section 151 of CPC. Signature Not Verified SAN

Digitally signed by NEERAJ SARVATE Date: 2022.01.19 15:18:04 IST

HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE S.A. No.210/2021 Raju and Others V/s. Shambhulal

3. In view of the facts and circumstances of the case, it is directed

that operation of the impugned judgment and decree so far as it

relates to the possession of the suit land shall remain stayed till the

next date of hearing.

(ANIL VERMA) JUDGE ns

Signature Not Verified SAN

Digitally signed by NEERAJ SARVATE Date: 2022.01.19 15:18:04 IST