Rekha Lodhi vs Dhanwanti Bai
2023 Latest Caselaw 21575 MP

Madhya Pradesh High Court

Rekha Lodhi vs Dhanwanti Bai on 15 December, 2023

Author: Hirdesh

Bench: Hirdesh

                                                                 1
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                            SA No. 605 of 2023
                                                   (REKHA LODHI Vs DHANWANTI BAI AND OTHERS)

                           Dated : 15-12-2023
                                    Shri Vikash Gupta - Advocate for the appellant.

                                    Registry has pointed out that no delay has occurred in filing the appeal.
                           Consequently, I.A.No. 3853 of 23 becomes infrutuous and is dismissed as
                           such.
                                    Also heard on I.A.No. 4449 of 2021, which is an application for taking

                           documents on record.
                                    I.A.No. 4449 of 2021 stands allowed. The relevant documents shall be
                           considered at the time of final hearing
                                    The appeal is admitted on the following substantial questions of law :-
                                         (i) Whether principle of res-judicata will apply when on the same
                                   property civil suit No. 15-A/2005 was filed by respondent/ plaintiff for

declaration of title and possession ?

(ii) Whether Exhibit P-12 declaring sale-deed of 22.08.1964 to be null and void can be relied by both the Courts below when respondent/

plaintiff filed civil suit No. 15-A/2005 and civil appeal No. 89-A/2009 dated 30.11.2011 when both the cases ended in compromise can declare declaration of title and possession ?

(iii) Whether First Appellate Court was right in reversing the well considered judgment and decree of the learned civil court in civil suit No. 159-A/2018 ?"

Issue notice to the respondents on instant appeal, substantial questions of law and pending I.As.on payment of P.F. within seven working days, returnable

within six weeks.

List after six weeks.

Interim relief, if any, shall continue till the next date of hearing.

(HIRDESH) JUDGE

Vikram