Rafi Ansari vs Jaki Ansari
2023 Latest Caselaw 12657 MP

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                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                         SA No. 2095 of 2022
                                                     (RAFI ANSARI Vs JAKI ANSARI)

                         Dated : 07-08-2023
                               Shri Akhilesh Jain - Advocate for the appellant.


                               Heard on the question of admission.
                               Appeal being arguable is admitted for final hearing on the following
                         substantial questions of law:

                                     "1. Whether learned first appellate Court has erred in reversing
                              the judgment and decree of trial Court just contrary to the law laid
                              down by the Supreme Court in the case of Santosh Hazari Vs
                              Purushottam Tiwari (Dead) By LRs (2001) 3 SCC 179 ?.
                                     2. Whether in absence of any document of title, the suit mere
                              for restoration of possession was maintainable ?
                                     3 . Whether in absence of title over the disputed house the
                              plaintiff is entitled for decree of possession?
                                     4. Whether on the basis of mutation documents learned first

                              appellate Court has erred in decreeing the suit presuming the plaintiff
                              to be owner of the house ?"

                               Also heard on interim relief.
                               Issue notice of final hearing and interim relief along with extract of
                         substantial questions of law to the respondent on payment of PF within 7

working days, failing which this appeal shall stand dismissed without further reference to the Court.

Looking to the nature of decree, effect, operation and execution of the Signature Not Verified Signed by: PRASHANT BAGJILEWALE Signing time: 8/8/2023 6:33:01 PM

judgment and decree dated 05.09.2022 shall remain stayed, until further orders.

List for further consideration after service of notice on the respondent.

(DWARKA DHISH BANSAL) JUDGE

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Signature Not Verified Signed by: PRASHANT BAGJILEWALE Signing time: 8/8/2023 6:33:01 PM