Jagdish Soni vs Raju
2023 Latest Caselaw 12338 MP

                                                                   1
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                              SA No. 1805 of 2022
                                                  (JAGDISH SONI AND OTHERS Vs RAJU AND OTHERS)

                           Dated : 02-08-2023
                                     Shri Akhilesh Kumar Jain - Advocate for the appellants.

                                     Ms. Kamlesh Tamrakar - Panel Lawyer for respondent No.3/State.

Heard on the question of admission. The appeal is admitted for final hearing on the following substantial questions of law :

i) Whether under the facts and circumstance of the case the 1st Appellate Court has erred in law in giving the finding that only relief for declaration of share in the suit property is maintainable.

ii) Whether under the facts and circumstance of the case 1st Appellate Court has erred in Law in applying the provisions of Section 16 of Hindu Marriage Act, 1956.

iii) Whether the first appellate court has erred in law by reversing the judgment and decree passed by the 1st Civil Judge Class-1, Lakhnadaun, Distt.- Seoni in Civil Suit No.31-A/2016.

Issue notice to respondents No.1 and 2 along with memo of appeal, substantial questions of law and I.A.No.6277/2023 application under Order 39 Rule 1 & 2 CPC, on payment of process fee within 10 working days. Notice be made returnable within four weeks.

List after four weeks.

(AMAR NATH (KESHARWANI)) JUDGE

Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 05-08-2023 17:23:41

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Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 05-08-2023 17:23:41