Ibrahim vs Azeej Khan S/O Late Fattu Khan ...
2022 Latest Caselaw 3432 MP

HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE Second Appeal No.175/2022 (Ibrahim Vs. Azeej Khan & Ors.)

Indore, dated 10/03/2022 Shri Sunil Jain, learned Senior Counsel with Shri Kushagra Jain, learned counsel for the appellant.

Heard on the question of admission. The second appeal is admitted for final hearing on the following Substantial Questions of Law:-

"1) Whether, in absence of specific pleadings and proof as per the principles of the Mahomedan law as to the right of claiming specific share in the property, courts below erred in decreeing suit of the plaintiffs?

2) Whether, the suit filed by plaintiffs for partition and possession, suffers from delay and latches and should have dismissed on the ground of limitation?

3) Whether, the learned Judge of the Court's below erred in not concluding that Chotu andBattu, through whom the plaintiffs are claiming their share had renunciated/ relinquished their rights in the suit properties by their conduct?

4) Whether, the Learned Court's below erred in notdetermining the shares of the heir's of late Chand Kha first and then partitioning the suit properties accordingly?

5) Whether, the Learned lower appellate court erred in not determining the share of the appellant in a partition suit ie. passing the decree ofpartition in utter violation of section 41 of principles of Mahomedan Law?"

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

It is directed that till the next date of hearing, the effect and execution of the impugned judgment and decree dated 28/10/2021 passed by the District Judge (Link Court), Sanawad, District West Nimar Mandleshwar in Civil Appeal No.10/2020 shall remain stayed.

Certified copy as per rules.

(ANIL VERMA) JUDGE Tej Digitally signed by TEJPRAKASH VYAS Date: 2022.03.10 17:41:52 +05'30'