Vivek Kumar vs Krishna Kumar
2023 Latest Caselaw 13905 MP

                                                               1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                          SA No. 1104 of 2023
                                         (VIVEK KUMAR AND OTHERS Vs KRISHNA KUMAR AND OTHERS)

                          Dated : 24-08-2023
                                Shri Girish Shrivastava, learned counsel for the appellants.

                                Ms. Ankita Khare, learned counsel for respondents 1-2.

Ms. Vibha Pathak, learned Panel Lawyer for respondent 3/State. Shri Abhijeet Awasthy, learned counsel for the intervenor.

Heard on the question of admission.

The 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 the suspicious circumstances pointed out by the first appellate Court can be said to be suspicious circumstances in the eyes of law ?"

Also heard on I.A.No.6980/2023, which is an application under Order 41 Rule 5 CPC.

Learned counsel Ms. Ankita Khare and Panel Lawyer Ms. Vibha Patel accepts notice on behalf of respondents 1-3.

Issue notice of final hearing and I.A.No.6980/2023 along with substantial questions of law to respondents 4-7 on payment of process fee within seven working days, failing which, this appeal shall stand dismissed without further reference to the Court.

Signature Not Verified Signed by: SWETA SAHU Signing time: 8/25/2023 1:44:04 PM

In the meantime, both the parties shall maintain status-quo in respect of the suit property and are also hereby restrained from alienating the suit property and if respondents have already started partition proceedings, the same are also hereby stayed, until further orders.

If appeal survives, list for further consideration after service of notice on the respondents.

(DWARKA DHISH BANSAL) JUDGE

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Signature Not Verified Signed by: SWETA SAHU Signing time: 8/25/2023 1:44:04 PM