Smt. Shanti Bai vs Radheshyam
2022 Latest Caselaw 3120 MP

 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
                               Second Appeal No.673/2020
                           (Smt. Shanti Bai Vs. Radheshyam & Anr.)
                                             -1-

Indore, dated 04/03/2022

            Shri Rajeev Bhatjiwale, learned counsel for the appellant.

            Heard on the question of admission.

            This second appeal is admitted on the following substantial

questions of law:-

           "a)        Whether, the learned Courts below erred in law to
                      examine the title of the suit land, though this being a suit
                      for permanent injunction, the only fact to be examined
                      was the lawful possession of the parties?

           b)         Whether, the effect of sale deed Ex.-P/1 was washed
                      away by his admission in the agreement Ex.D/1-A that
                      the sale deed was examined only because at the time of
                      execution of sale deed, the Girvinama could not have
                      been executed?

           c)         Whether, in light of glaring evidence on record the
                      learned Courts below erred in law to hold the possession
                      of the plaintiff respondent over the suit land?"

Let notice be issued to the respondents on payment of process

fee within seven working day. Notices be made returnable within eight

weeks.

Learned counsel for the appellant prays for interim relief.

It is directed that till the next date of hearing, the effect and

execution of the impugned judgment and decree shall remain stayed.

List the matter after eight weeks.

Certified copy as per rules.

(ANIL VERMA) JUDGE Tej

Digitally signed by TEJPRAKASH VYAS Date: 2022.03.05 10:46:43 -08'00'