Ahivaran Yadav vs Daduram Yadav
2022 Latest Caselaw 13838 MP

                                                                 1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                          SA No. 1602 of 2022
                                         (AHIVARAN YADAV AND OTHERS Vs DADURAM YADAV AND OTHERS)

                          Dated : 27-10-2022
                                 Shri Ashok Kumar Gupta, learned counsel for the appellants.

                                 Ms. Kamlesh Tamrakar, learned panel lawyer for the respondent-4/State.

Heard on the question of admission.

In light of the findings recorded by learned trial Court in para 24 and 25 of its judgment, this second appeal is admitted for final hearing on the following substantial questions of law:-

"1. Whether learned Courts below have erred in dismissing the suit filed by the appellants/plaintiffs in its entirety ?

2. Whether without there being any registered document of relinquishment by the present appellants/plaintiffs, learned Courts below have erred in holding that the legal heirs of Kodua had relinquished their share in favour of defendant-1 Daduram ?"

Also heard on I.A.No.7447/2022, which is an application under Order 39 Rule 1 and 2 read with section 151 of CPC.

In the light of findings recorded by learned trial Court in para 24 and 25,

the appellants are not entitled for any temporary injunction with regard to land survey no.966/4 and other lands being undivided land of parties, no injunction can be granted in favour of the appellants and against the respondents.

Accordingly, I.A.No.7447/2022 is disposed off/closed. It is made clear that this appeal has not been admitted with regard to land survey no.966/4 and the judgment and decree passed by learned Courts below shall be treated to have attained finality with regard to land survey no.966/4. Signature Not Verified Signed by: S HUSHMAT HUSSAIN Signing time: 11/2/2022 5:15:35 PM

Issue notice of final hearing along with substantial questions of law only to respondent-1 Daduram Yadav on payment of process fee within seven working days by RAD as well as ordinary mode, failing which this appeal shall stand dismissed without further reference to the Court.

Notice be made returnable within four weeks. Learned counsel for the appellants is directed to supply copy of memo of appeal along with other documents to the learned panel lawyer for respondent-4/State.

If appeal survives, list the same after service of notice upon the respondent-1 Daduram Yadav.

(DWARKA DHISH BANSAL) JUDGE

sh

Signature Not Verified Signed by: S HUSHMAT HUSSAIN Signing time: 11/2/2022 5:15:35 PM