Peerbaba Rahmat Dargah ... vs Siyarani
2022 Latest Caselaw 8845 MP

                                                            1
                                    IN THE HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                     SA No. 1284 of 2022
                              (PEERBABA RAHMAT DARGAH BAHORIBAND AND OTHERS Vs SIYARANI AND OTHERS)

                        Dated : 04-07-2022
                              Shri N.K. Tiwari, learned counsel for the appellants.

                              Shri Anoop Sonkar, learned PL for the respondent no.3/State.

Heard on the question of admission.

This second 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 passed by the learned trial Court contrary to the judgment given by Hon'ble the Apex Court in the case of Santosh Hazari Vs. Purushottam Tiwari, 2001 (3) SCC 179 ?

2. Whether without determining the share of the plaintiff, learned lower Appellate Court has erred in passing judgment and decree of partition and possession in favour of the plaintiff ?

3. Whether the suit as filed by the plaintiff is within limitation from the date of knowledge of execution of the sale-deed in question and whether without asking relief of possession, the suit is maintainable ?

Also heard on I.A.No.5789/2022, which is an application under Order 41 Rule 5 of CPC.

Issue notice of final hearing along with substantial questions of law as well as of IA No.5789/2022 to the respondents 1 - 2 on payment of process fee within seven working days by RAD as well as ordinary mode.

Signature SAN Not In the meantime, the effect and operation of impugned judgment and Verified

Digitally signed by S decree dated 06.05.2022 shall remain stayed till further orders. HUSHMAT HUSSAIN Date: 2022.07.05 18:21:14 IST

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

Let a copy of memo of appeal be supplied to the learned panel lawyer for the State by the learned counsel for the appellants.

Certified copy as per rules.

(DWARKA DHISH BANSAL) JUDGE

sh