Sevaram Gupta S/O Shri ... vs Rakesh Kumar
2023 Latest Caselaw 14278 MP

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                            IN THE HIGH COURT OF MADHYA PRADESH
                                         AT GWALIOR
                                               SA No. 967 of 2023
                  (SEVARAM GUPTA S/O SHRI RADHAKISHAN DECEASED THROUGH LRS (A) HARISH GUPTA AND
                                        OTHERS Vs RAKESH KUMAR AND OTHERS)

              Dated : 29-08-2023
                      Shri P.C. Chandil, Advocate for the appellants.

                      Shri Santosh Agrawal, Advocate for the respondents.

Heard on the question of admission.

This appeal is admitted for final hearing on the following substantial questions of law :-

(i) Whether, the finding of the lower appellate court vitiates by non- consideration of relevant evidence and essentially wrong approach while decreeing the suit?

(ii) Whether first appellate court erred in law in shifting the burden of proof on appellant and holding that land purchased by the plaintiff/respondents not gone in acquisition?"

Also heard on I.A No. 1988/2023, an application under Order XLI Rule 5 r/w section 151 of CPC.

In view of averments made in the application, which is supported by an

affidavit, I.A. No. 1988/2023 is hereby allowed.

Till next date of hearing, effect and operation of impugned judgment and decree dated 01/04/2023 passed in RCA No. 25/2022 by Principal District Judge, District Morena shall remain stayed.

List this matter for final hearing as per listing policy. Certified copy as per rules.

Signature Not Verified
Signed by: SANJAY
NAMDEORAO DURGEKAR
Signing time: 31-08-2023
05:42:31 PM                                                                       (SUNITA YADAV)
                                                                                       JUDGE

             Durgekar




Signature Not Verified
Signed by: SANJAY
NAMDEORAO DURGEKAR
Signing time: 31-08-2023
05:42:31 PM