Nitesh vs Smt Swarnlata
2022 Latest Caselaw 8467 MP

                                                         1
                                  IN THE HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                   SA No. 2854 of 2018
                                        (NITESH AND OTHERS Vs SMT SWARNLATA AND OTHERS)

                      Dated : 27-06-2022
                            Parties through their counsel.

                            Learned counsel for both the parties did not dispute that all the
                      connected second appeals are arising out of common judgment and parties are
                      also common in all the appeals.
                            I n view of the aforesaid, submission of the learned counsel for the
                      appellants appears to be correct that the substantial questions of law framed in

                      the S.A. No. 86/2019 are also arising in the present appeal.
                            Hence, this second appeal is also admitted on the following substantial
                      questions of law:-

                            " i .       In absence of any challenge to filing of suit by
                            plaintiff 6 in her personal capacity and as next friend of
                            plaintiffs 5 and 6 before the trial Court, the 1st Appellate
                            Court committed an error of law in holding that plaintiff 6
                            has no locus standi to file suit on behalf of plaintiffs 4 and 5
                            ?
                            ii.     In absence of any pleading and proof of partition of
                            undivided Hindu Family properties the 1st Appellate Court
                            committed an error of law in presuming partition thereby
                            travelling beyond the pleadings of parties ?
                            i i i .    Whether in view of cause of action pleaded and
                            proved by the plaintiffs, 1st Appellate Court committed an
                            error of law in reversing the finding with regard suit being
                            within limitation ?"
                            A s interim order of status quo is already there with regard to the suit
Signature
 SAN      Not         property, therefore, both the parties are directed to maintain status quo till the
Verified

Digitally signed by   decision of second appeal.
KUMARI PALLAVI
SINHA
Date: 2022.06.28
12:11:23 IST
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          I.A. No. 14464/2018, which is an application under Order 39 Rule 1 &
2 CPC is closed.
          Learned counsel for the appellants is directed to supply copy of memo
of appeal and other documents to learned counsel for the respondents.

List this matter alongwith S.A. No. 86/2019.

(DWARKA DHISH BANSAL) JUDGE

Pallavi