Nathuram vs Gendu
2023 Latest Caselaw 5842 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        SA No. 1005 of 2022
                                                     (NATHURAM Vs GENDU AND OTHERS)

                          Dated : 11-04-2023
                                Shri Shailendra Verma - Advocate for the appellant.

                                Shri Rajesh Sharma - Panel Lawyer for the respondent No.3/State.

Heard on the question of admission as well as on I.A.No.4225/2022. This appeal is admitted on the following substantial question of law:-

"a. Whether the learned appellate Court below was

justified in affirming the judgment and finding arrived at by the learned trial Court, excepting the Issue No.7 as framed by the learned trial Court ?

b. Whether the learned Courts below were justified in not considering this aspect that admission is the best piece of evidence wherein, the respondent No.2 has clearly admitted that the suit property in question belongs to the H.U.F ?

c. Whether the learned Courts below were further

justified that once the Ex.D/16 was admitted by both the parties, therefore, was no necessity to prove the same ?"

Issue notice to the respondents on payment of fresh process fee within seven working days by both modes on correct address.

Notice be made returnable within four weeks. In the meanwhile, parties are directed to maintain status-quo as it exists today till next date of hearing. Signature Not Verified Signed by: VINOD SHARMA Signing time: 4/13/2023 5:18:26 PM

List this case after four weeks. Certified copy as per rules.

(ARUN KUMAR SHARMA) JUDGE

Vin**

Signature Not Verified Signed by: VINOD SHARMA Signing time: 4/13/2023 5:18:26 PM