Smt. Ramakant Negi vs Shri Rajnarayan Jat
2022 Latest Caselaw 8811 MP

                                                          1
                                  IN THE HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                   SA No. 2030 of 2019
                                     (SMT. RAMAKANT NEGI Vs SHRI RAJNARAYAN JAT AND OTHERS)

                      Dated : 01-07-2022
                            Shri M.K. Dubey, learned counsel for the appellant.

                            Shri Devendra Shukla, learned Panel Lawyer for respondent No.6/State.

Heard on question of admission.

Appeal is admitted for final hearing on the following substantial questions of law:

(1) Whether First Appellate Court has erred in reversing the judgment and

decree of trial Court without following the judgment given by Apex Court in the case of Santosh Hazari reported in (2001) 3 SCC 179?

(2) Whether the plaintiffs had right by birth to file the suit in the life time of their father Padam Singh-defendant No.2?

Heard on I.A. No.1254/2020. Despite filing caveat, none appears to oppose I.A. No.1254/2020.

Learned counsel for the appellant submits that the appellant is in possession in pursuance of sale deed dated 29/08/2005 and this sale deed has never been challenged by defendant No.2/Padam Singh.

Let notice be issued to respondents 1 & 5 for final hearing and on I.A. No.1254/2020 on payment of process fee within seven working days by both modes.

In the meantime, both the parties are directed to maintain status-quo with regard to property in question until further orders.

Signature SAN Not Learned counsel for the appellant is directed to supply copy of memo of Verified

Digitally signed by appeal to counsel for respondent No.6. RASHMI RONALD VICTOR Date: 2022.07.02 10:30:15 IST

If the requisite is not done within seven working days, the appeal shall stand dismissed without reference to the Court.

List the matter for hearing on I.A. No.1254/2020 after service of notice on respondents 1 & 5.

(DWARKA DHISH BANSAL) JUDGE

RS