Shivdayal Shrivastava (Now Dead) ... vs Ganesh Patel
2023 Latest Caselaw 5763 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                           SA No. 246 of 2023
                           (SHIVDAYAL SHRIVASTAVA (NOW DEAD) THROUGH LEGAL REPRESENTATIVES DEVENDRA KUMAR
                                           SHRIVASTAVA AND OTHERS Vs GANESH PATEL AND OTHERS)

                          Dated : 10-04-2023
                                Shri Sanjay Sarawate, learned counsel for the appellants.

                                Heard on the question of admission.
                                This second appeal is admitted for final hearing on the following
                          substantial questions of law:-
                                "1. Whether lower appellate Court has erred in reversing the judgment

                          and decree of learned trial Court contrary to the pronouncement of the Apex
                          Court in the case of Santosh Hazari Vs Purushottam Tiwari (Dead) By Lrs
                          (2001) 3 SCC 179 ?
                                2. Whether learned first appellate Court erred in dismissing the suit on the
                          ground of res judicata ?"
                                Issue notice of final hearing along with substantial questions of law to the
                          respondents on payment of process fee within seven working days, failing

which this appeal shall stand dismissed without further reference to the Court.

If appeal survives, list for further consideration after service of notice on

the respondents.

(DWARKA DHISH BANSAL) JUDGE

SN

Signature Not Verified Signed by: PRASHANT BAGJILEWALE Signing time: 4/11/2023 5:10:29 PM