Indramani vs Bhaiyalal
2022 Latest Caselaw 3776 MP

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                                          IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                                                   SA No. 1412 of 2021
                                                              (INDRAMANI Vs BHAIYALAL AND OTHERS)

                                  Dated : 16-03-2022
                                           Ms. Amrit Kaur Ruprah, learned counsel for the appellant.
                                           Mr. Rajeev Kumar Pandey, learned Panel Lawyer for the respondents/State.

Record of both the courts below has been received. Heard on the question of admission.

This appeal is admitted on the following substantial questions of law:- i. " Whether, the learned Appellate Court has committed grave error of

law ignoring the provisions of Sections 101 to 103 of the Indian Evidence Act that burden of proof is on plaintiff ?.

ii. Whether, the Lower Appellate Court vide impugned Judgment and Decree dated 10.08.2021 allowed the appeal filed without considering the question of jurisdiction under Section 257 of the Land Revenue Code as the dispute relates to way and Nistaar and demarcation ?.

iii. Whether, the Learned Lower Appellate Court has committed a grave error of law believing the mutation and khasra entries as an absolute ownership of the plaintiff" ?.

iv. Whether, without impleading the State Government as party appeal has been decided whereas civil Court has no jurisdiction ?.

Issue notices on I.A. No.7647/2021 to the respondents on payment of process fee within a period of seven working days by both modes.

Notices be made returnable within four weeks. In the meanwhile, both the parties are directed to maintain status quo till next date of hearing.

List this matter after four weeks.

(ARUN KUMAR SHARMA) JUDGE

julie

Signature Not Verified SAN

Digitally signed by JULIE SINGH Date: 2022.03.16 17:00:29 IST