Satish Kumar vs Rajendra Kumar
2022 Latest Caselaw 12810 MP

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                       SA No. 1140 of 2016
                                             (SATISH KUMAR Vs RAJENDRA KUMAR AND OTHERS)

                          Dated : 23-09-2022
                                Shri Rohit Pali, learned counsel for the appellant.

                                Shri Shahbaz Khan, learned counsel for respondents 2 & 3.

Shri Himanshu Tiwari, learned Panel Lawyer for respondent 4/State. Heard on the question of admission. This second appeal is admitted for final hearing on the following substantial questions of law:-

" 1 . Whether the learned first appellate Court has committed error of law in reversing the well reasoned judgment and decree of trial court just contrary to the law settled by the Supreme Court in the case of Santosh Hazari Vs. Purushottam Tiwari, 2001 (3) SCC 179 ? 2 . Whether in absence of examination of any of the attesting witnesses, the Will can be said to be proved as required under section 68 of the Evidence Act?

3. Whether the learned first appellate court has erred in dismissing the suit as barred by limitation ?" Heard on IA 13170/2016, which is an application for injunction.

As the property in question is joint property, as has been held by learned trial court, therefore, no injunction with regard to possession can be granted in favour of or against any of the co-owners.

In view of above, IA 13170/2016 is dismissed. Issue notice of final hearing along with substantial questions of law to the respondents on payment of PF within seven working days, by both modes, failing which the appeal shall stand dismissed without reference to the court.If appeal survives, list for final hearing after service of notice upon the Signature Not Verified Signed by: SWETA SAHU Signing time: 9/24/2022 1:34:26 PM

respondents.

If appeal survives, list for final hearing in due course.

(DWARKA DHISH BANSAL) JUDGE

ss

Signature Not Verified Signed by: SWETA SAHU Signing time: 9/24/2022 1:34:26 PM