Pradep Kumar Dubey vs Vimla Dubey
2023 Latest Caselaw 13902 MP

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        SA No. 1731 of 2023
                                             (PRADEP KUMAR DUBEY Vs VIMLA DUBEY AND OTHERS)

                          Dated : 24-08-2023
                                Shri A.S. Nema - 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 Courts below have erred in decreeing the suit of the

                          respondent 1, without taking into consideration the correction of deed dated

26.02.2004 (Ex.D/1) and sale deed dated 16.02.2005 (Ex.D/2) executed by same vendor ?

2. Whether the deed dated 26.02.2004 (Ex.D/1) and sale deed dated 16.02.2005 (Ex.D/2) being executed in prior point of time will prevail over the sale deed dated 20.09.2010 (Ex.P/1) ?

3. Whether the learned Courts below have erred in decreeing the suit without getting the suit land demarcated through revenue Officer ?"

Also heard on I.A. No.11296/2023 which is an application under Order

41 rule 5 CPC.

Issue notice of final hearing along with substantial questions of law and I.A No.11296/2023 to the respondents on payment of PF within 7 working days, failing which this appeal shall stand dismissed without further reference to the Court.

In the meantime, effect, operation and execution of the judgment and decree passed by learned Courts below shall remain stayed, until further orders.

List for further consideration after service of notice on the respondents. Signature Not Verified Signed by: PRASHANT BAGJILEWALE Signing time: 8/25/2023 1:17:27 PM

(DWARKA DHISH BANSAL) JUDGE

pb

Signature Not Verified Signed by: PRASHANT BAGJILEWALE Signing time: 8/25/2023 1:17:27 PM