Nandram S/O Kachru Patidar Late ... vs Balu
2023 Latest Caselaw 6628 MP

                                                                  1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                         SA No. 2880 of 2022
                          (NANDRAM S/O KACHRU PATIDAR LATE THR LRS PARSADI BAI @ PRASAD BAI AND OTHERS Vs BALU
                                                             AND OTHERS)

                         Dated : 24-04-2023
                                   Ms. Manjula Mukati, learned counsel for the appellants.


                                   Appeal is admitted on the following substantial question of law;-
                                   (i) Whether the Decree of partition for giving 1/2 Share in favour of
                         plaintiff can be executed without declaring sale-deed in favour of defendant
                         Nos. 4 to 9 ?

                                   (ii) Whether the Courts below have erred in granting 1/2 share in suit
                         property without declaring sale-deed in favour of defendant Nos. 4 to 9 void ?
                                   (iii) Whether the plaintiff has wrongly been permitted to amend the sale
                         deed by way of amendment without in increasing valuation of suit property and
                         pay the court fee ?
                                   On payment of P.F. within seven working days, notice be issued to the
                         respondents making it returnable within four weeks.

Till the next date of hearing the execution of impugned judgment and

decree passed by both the Courts below shall remain stayed.

Certified copy as per rules.

(VIVEK RUSIA) JUDGE

Praveen

Signature Not Verified Signed by: PRAVEEN Signing time: 26-04- 2023 18:40:59