Smt. Basanti vs Raghuveer Singh
2023 Latest Caselaw 20747 MP

Madhya Pradesh High Court

Smt. Basanti vs Raghuveer Singh on 7 December, 2023

                                                                1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                         SA No. 3 of 2023
                                              (SMT. BASANTI Vs RAGHUVEER SINGH AND OTHERS)

                           Dated : 07-12-2023
                                  Shri Rohit Kumar Mangal, Advocate for the appellant.

                                  Heard on the question of admission and IA No.1890/2023, an application
                           under Section 5 of Limitation Act.
                                  The appeal is admitted for hearing on the following substantial question
                           of law :-

                                       (i) Whether in the facts and circumstances of the present case, the
                                learned lower appellate court has committed a serious error of law in
                                granting a decree for partition of 1/4th share instead of 1/12th shares in
                                property in dispute merely placing reliance upon the custom and
                                traditions as pleaded by Respondent No.1 without proving the essential

facts that it is not opposed to public policy it's in ancient, in variable, continuous notorious not expressly forbidden by the legislature and not opposed to morality and in consonance section 13 of the Indian Evidence Act, 1872?

(ii) Whether the lower appellate court has committed an error of law while partly reversing the judgment of the learned trial Court with regard to share of respondent No.1 in contrary to the judgment of Hon'ble Apex Court Santosh Hazari vs. Purshottam Tiwari (2001) 3 SCC 179.

(iii) Whether, in the facts and circumstances of the case, the finding of the learned Lower Appellate Court in para 33 and 39 suffered with serious perversity and illegality?

(iv) Whether, in the facts and circumstances of the case, the learned Courts below committed a serious error of law in granting a decree for demolishing the property occupied by appellant without conducting any enquiry regarding encroachment upon respondent No.1 occupied by appellant?

(v) Whether in the facts and circumstances of the case, the courts below have committed an error in granting a final decree of partition and demolition of the property without granting a preliminary decree? Issue notice on merit as well as on IA No.1890/2023 to the respondent(s) o n payment of process fee by RAD mode within seven working days,

alongwith a copy of this substantial question of law, as framed today.

In the meanwhile, the impugned judgment and decree dated 12.09.2022 shall remain stayed.

List the matter immediately after service of notice upon the respondent(s).

Certified copy, as per Rules.

(GAJENDRA SINGH) JUDGE

soumya