Babulal vs Shivnarayan
2022 Latest Caselaw 3123 MP

          THE HIGH COURT OF MADHYA PRADESH

                       SA No. 1556/2020
Indore, Dated: 4.3.2022
     Shri S.A. Athawale, learned counsel for appellants.
        Shri Anand Bhatt, learned counsel for respondent no.1.

Counsel for appellants heard on admission. Appeal is admitted for final hearing on following substantial questions of law:-

"1/ Whether the lower appellate court committed error of law in setting aside the well reasoned judgment of trial court by misinterpreting Ex.P-5 memo of partition and P/6 (affidavit) of Shivnarayan to uptset the findings on counter claim and dismissing the suit?

2/ Whether the finding of lower appellate court on counter claim ignoring the evidence of plaintiff witnesses is legally sustainable?

3/ Whether the lower appellate court committed error of law in making out a new case for respondent no.1 by wrongly placing burden of proof on appellants to prove that their father Bhanwarlal was alive in 1959 when it was not the case of respondent no.1?"

Issue notice to the respondents no. 2 to 6 on payment of PF within 7 days. Notices be made within 8 weeks.

Counsel for respondent no.1 prays for time to file reply of pending IA No. 3909/2020.

List after 8 weeks.

IR to continue till the next date of hearing.

(Anil Verma) Judge BDJ

Digitally signed by BHUVNESHWAR DATT JOSHI Date: 2022.03.05 13:25:08 +05'30'