Ramswaroop S/O Late Shri Chogalal ... vs Smt. Sunitabai
2022 Latest Caselaw 7149 MP

                                                                       1
                                                IN THE HIGH COURT OF MADHYA PRADESH
                                                              AT INDORE
                                                                 SA No. 1244 of 2021
                                    (RAMSWAROOP S/O LATE SHRI CHOGALAL (DECEASED) THR. LRS. SMT. KOMALBAI AND OTHERS Vs
                                                                SMT. SUNITABAI AND OTHERS)

                                   Dated : 11-05-2022
                                         Shri Mahendra Kumar Jain, learned counsel for the appellant.

                                         Shri Vinay Gandhi, learned counsel for the Respondent [R-1].

Counsel for the appellant heard on admission. It is a matter of reversal. The trial Court has decreed the suit and the first appellate court has passed the reversal judgment.

Counsel for the appellant has placed reliance upon the judgments in the case of Madhusudan Das Vs. Smt. Narayani Bai and others reported in AIR 1983 SC 114 and in the case of Madhab Bohora (dead) by LRs and others Vs. Braja Kishore Nanda and others reported in AIR 2003 ORISSA 107.

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

(1) Whether, learned lower appellate court erred in reversing the findings with regard to will Ex.P/2 rendered by learned trial Court in violation of

principles of law settled by honorable Apex Court in the matter of Baburao Bagaji Vs. Govind & others reported in AIR 1974 SC 405 and in the matter of Madhusudan Das Vs. Shrimati Narayani Bai reported in AIR 1983 SC 114?

(2) Whether, learned lower appellate court erred in law in passing findings with regard to will Ex.P/2 is not proved because it's attesting witness Lakhme Singh (PW-3) became hostile in the court without considering his entire Signature Not Verified SAN

statement?

Digitally signed by TRILOK SINGH SAVNER Date: 2022.05.12 10:21:53 IST

Counsel for the appellant is directed to supply a copy of appeal memo along with annexures to counsel for the respondent No.1.

Let notice be issued to the other respondents on payment of PF within 7 days. Notices be made returnable within 8 weeks.

Counsel for the respondent No.1 prays for and is granted time to file reply of the pending IAs.

List after the summer vacation.

(ANIL VERMA) JUDGE

trilok

Signature Not Verified SAN

Digitally signed by TRILOK SINGH SAVNER Date: 2022.05.12 10:21:53 IST