Saleem Ali vs Sher Ali
2023 Latest Caselaw 13521 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                            SA No. 290 of 2023
                                              (SALEEM ALI AND OTHERS Vs SHER ALI AND OTHERS)

                           Dated : 18-08-2023
                                 Shri A.K. Jain - Advocate for the appellant.

                                 Ms. Mamta Mishra - Panel Lawyer for the respndent No. 10/State.

                                 Learned Civil Judge Class I, District, Khandwa by judgment and decree
                           dated 26.09.2018 has decreed the suit of the plaintiff.
                                 Leaned appellant Court at Khandwa by judgment and decree dated

                           1.12.2022 has allowed the appeal of the defendant and set aside the impugned
                           award of the lower Court.
                                 Heard on admission.
                                 The appeal is admitted on the following substantial question of law:-

                                       "Whether the appellate court was justified in reversing the
                                judgment of the trial court holding that the suit for declaration,
                                partition and possession of half share in respect of Khasra No. 170
                                having an area of 7.73 acres of land ws not maintainable".

                                 O n payment of process fee by RAD mode within seven working days
                           issue notice of this appeal, aforesaid substantial question of law as well as on
                           I.A.No.1898/2023 to respondents. Notice be made returnable within 08 weeks.

Meanwhile, till the next date of hearing, parties to maintain status quo with regards to suit property.

List after eight weeks. CC copy as per rules.

Signature Not Verified Signed by: VINAY KUMAR VERMA Signing time: 21-08-2023 20:05:34

(AVANINDRA KUMAR SINGH) JUDGE vkv /-

Signature Not Verified Signed by: VINAY KUMAR VERMA Signing time: 21-08-2023 20:05:34