Natthulal vs Rajkumari Singh
2022 Latest Caselaw 7341 MP

                                       1
              IN THE HIGH COURT OF MADHYA PRADESH
                           AT JABALPUR
                                 SA No. 9 of 2022
                (NATTHULAL AND OTHERS Vs RAJKUMARI SINGH AND OTHERS)

Dated : 13-05-2022
       Shri Ajay Mishra, learned counsel for the appellants.

       Shri S.D. Mishra, learned Panel Lawyer for the respondent No.6/State.

Heard on the question of admission. Appeal is admitted on the following substantial questions of law:- "1. Whether, the learned first appellate court erred in reversing the well considered judgment and decree of learned trial Court. ?.

2. Whether the learned appellate Court committed a gross error of law in not considering this fact that the property was sold by late father of respondent No.1, hence, in the absence of non providing of gift deed the suit of respondent No.1 was barred by the proviso of Section 6 of amended Hindu Succession Act, 2005.?

3. Whether the first appellate court erred in holding that the suit of respondent No.1 was within time."

Also heard on IA No. 12/2022, an application under Order 41 Rule 5 of CPC for grant of stay.

On payment of process fee within seven working days, let notice be issued to the respondents on aforesaid substantial questions of law and on IA No. 12/2022 by ordinary as well as by registered AD mode. Notice be made returnable within four weeks.

List thereafter.

In the meanwhile, parties are directed to maintain status qo as it exists today till the next date of hearing.

Certified copy as per rules.

(ARUN KUMAR SHARMA) JUDGE

skt

Signature Not Verified SAN

Digitally signed by SANTOSH KUMAR TIWARI Date: 2022.05.13 17:23:55 IST