Bhuvansingh vs Jeetu
2022 Latest Caselaw 3274 MP

 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
                              Second Appeal No.1179/2020
                             (Bhuvansingh Vs. Jhetu and Others)
                                           -1-
Indore, dated 08/03/2022
          Mr. Veer Kumar Jain, learned Senior Counsel with Ms. Vaishali
Jain, learned counsel for the appellant.
          Mr. L. R. Bhatnagar, learned counsel for the respondents No.1

to 5.

Heard on the question of admission. The second appeal is admitted for final hearing on the following substantial questions of law:-

"1) Whether, the findings recorded by the learned first appellate court & trial Court are sustainable in law being based on conjectures and: surmises totally ignoring the material on record & arguments of the appellants ?

2) Whether, the learned first appellate Court has exceeded its jurisdiction while passing the impugned judgment?

3) Whether, the learned trial Court has erred in decreeing the suit despite giving clear finding that Shahbai was second wife of Nanka? And whether in tribal community second wife have right to property in property of her deceased husband particularly the Respondents have admitted the share of Smt. Shahbai in the entire land ?

4) Whether, the. revenue partition which remained unchallenged for long time, could have been set aside even without examining and producing the same before the Court ?

Learned counsel for the appellant prays for grant of interim stay.

Considering all the facts and circumstances of the case, it is directed that till the next date of hearing, the execution and effect of the impugned judgment and decree shall remain stayed and status- quo shall be maintained in respect of the possession of the suit property.

Certified copy as per rules.

(ANIL VERMA) JUDGE Tej

Digitally signed by TEJPRAKASH VYAS Date: 2022.03.08 18:29:21 +05'30'