Shahidshah vs Smt. Sadeka Parveen
2022 Latest Caselaw 3455 MP

 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
                                 Second Appeal No.116/2021
                          (Shahidshah Vs. Smt. Sadeka Parveen & Ors.)
                                              -1-
Indore, dated 10/03/2022
            Mr. Manish Kumar Vijayvargiya, learned counsel for the
appellant.
            Ms. Mehul Shukla, learned counsel appearing on behalf of
respondent No.1 / Caveator.

Heard on the question of admission. Learned counsel for the appellant placed reliance on a judgment delivered by the apex Court in the case of Hafeeza Bibi and Others Vs. Shaikh Farid (Dead) by LRs and Others reported in (2011) 3 SCC (Civ) 103.

This second appeal is admitted on the following substantial questions of law:-

"a) Whether, the learned appellate Court has not committed gross mistake by not holding that the Sultan Shah made Hiba in favour of plaintiff?

b) Whether, the findings of the appellate Court that the Sultan Shah was not having ownership of survey No.1618/1 land and he was not having any right to Hiba of that land is against the evidence available in the case?"

Let notice be issued to the respondents (except respondent No.1) on payment of process fee within seven working days. Notices be made returnable within eight weeks.

Learned counsel for the appellant is directed to supply a copy of appeal memo along with annexures to the counsel for the respondent No.1 within three working days.

List the matter after eight weeks.

(ANIL VERMA) JUDGE Tej Digitally signed by TEJPRAKASH VYAS Date: 2022.03.10 17:41:11 +05'30'