Ramakant Pandey vs Ram Sushil Pandey
2023 Latest Caselaw 21574 MP

Citation : 2023 Latest Caselaw 21574 MP
Judgement Date : 15 December, 2023

Madhya Pradesh High Court

Ramakant Pandey vs Ram Sushil Pandey on 15 December, 2023

Author: Dwarka Dhish Bansal

Bench: Dwarka Dhish Bansal

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                           SA No. 246 of 2018
                                            (RAMAKANT PANDEY AND OTHERS Vs RAM SUSHIL PANDEY)

                           Dated : 15-12-2023
                                 Shri Y.P Sharma - Advocate for the appellants.

                                 Shri Divyansh Bhargav - Advocate for respondent.

Heard on the question of admission.

Appeal being arguable is admitted for final hearing on the following substantial questions of law:

" 1 . Whether first appellate Court has committed illegality in dismissing the appeal as barred by limitation ?

2. Whether learned Courts below were justified in decreeing the suit for possession of house in question, relying upon the partition deed dated 12.04.1996 (Ex.P/1) to which the plaintiffs are not parties ?

3. Whether in view of the fact that suit property is ancestral property, the defendants had right in it by birth, who were born even prior to coming into force of the Hindu Succession Act, 1956 ?"

Also heard on I.A.No.1125/2018, which is an application for staying

execution of judgment and decree dated 24.09.2012 .

Learned counsel for respondents accepts notice of final hearing and I.A.No.1125/2018 on behalf of the LRs of respondent and prays for time to file reply of said I.A. Learned counsel for the appellants is directed to supply copy of memo of appeal and I.A. to learned counsel for the respondents.

List for further consideration after filing of the reply by the respondents. I n the meantime, execution of decree in respect of possession shall

remain stayed.

(DWARKA DHISH BANSAL) JUDGE