Mohar Singh vs Lakhan Singh
2023 Latest Caselaw 20554 MP

Madhya Pradesh High Court

Mohar Singh vs Lakhan Singh on 5 December, 2023

Author: Avanindra Kumar Singh

Bench: Avanindra Kumar Singh

                                                                 1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                          SA No. 1545 of 2021
                                                 (MOHAR SINGH Vs LAKHAN SINGH AND OTHERS)

                           Dated : 05-12-2023
                                  Shri Prashant Sharma - Advocate for appellant.

                                  None appears for the respondent no.1 in spite of service.

Shri Nirmal Sharma - Government Advocate for respondent No.11/State.

Record is received.

Heard on admission.

The appeal is admitted on following substantial questions of law:-

(i) Whether the Will can be proved by mere examination of the witness when the signature/thumb impression has been denied ?

(ii) Whether the Courts below have erred in passing the impugned judgment and decree when the travelling of property from Ramcharan to plaintiff is duly proved by a registered Will and the court has erred in discharging the registered Will ?

Issue notice to respondents No. 2 to 10 on payment of process fee by RAD mode within a period of seven working days.

Notice be made returnable within eight weeks. List immediately thereafter. Meanwhile, both the parties are directed to maintain status quo regarding the suit property till next date of hearing.

(AVANINDRA KUMAR SINGH) JUDGE

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