Smt. Punibai vs Kailash
2023 Latest Caselaw 13352 MP

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                        SA No. 440 of 2022
                                                  (SMT. PUNIBAI Vs KAILASH AND OTHERS)

                           Dated : 17-08-2023
                                 Shri Vinay Gandhi- Advocate for the appellant.


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

                                  1/ Whether the learned courts below committed a grave
                                  error of law in recording the title of plaintiffs over the
                                  disputed land, being perverse and contrary to the evidence
                                  on record?
                                  2/ Whether the sale deed dated 29.3.1965(Ex.P/4) does not
                                  confirm any title of Rajnath (Plaintiff's predecessor) being
                                  violative of Section 165 of MP Land Revenue Code?
                                  3/ Whether the disputed land is identifiable under the
                                  provisions of Order 7 Rule 3 of the Code of Civil
                                  Procedure?
                                  4/ Whether the suit of the plaintiff is barred under the
                                  provisions of Limitation Act?
                                  5/ Whether the learned appellate court c omitted a grave
                                  error of law in reversing the finding recorded by the learned
                                  trial court pertaining to suit valuation and court fees,
                                  contrary to the ratio laid down by Hon'ble Apex court in the
                                  case of Santosh Hazari Vs. Purushottam Tiwai (Dead) by
                                  L.Rs. (AIR 2001 SC 965)?
                                 Issue notice to the respondents on payment of PF within seven days.

Notices be made returnable within six weeks.

Also heard on IA No.1197/2022 which is an application under Order 39 Rules 1 & 2 CPC read with section 151 of CPC. Signature Not Verified Signed by: NARENDRA KUMAR RAIPURIA Signing time: 21-08-2023 14:23:33

Considering all the facts and circumstances of the case, it is directed that the effect and operation of the impugned judgment and decree dated 31.01.2022 shall remain stayed and parties are directed to maintain status quo in respect of suit land, till the next date of hearing.

C.C. as per rules.

(HIRDESH) JUDGE

N.R.

Signature Not Verified Signed by: NARENDRA KUMAR RAIPURIA Signing time: 21-08-2023 14:23:33