Phaleshram Singh vs Smt. Swaroopa Singh
2023 Latest Caselaw 21856 MP

Madhya Pradesh High Court

Phaleshram Singh vs Smt. Swaroopa Singh on 19 December, 2023

Author: Dwarka Dhish Bansal

Bench: Dwarka Dhish Bansal

                                                                  1
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                           SA No. 3404 of 2019
                                             (PHALESHRAM SINGH Vs SMT. SWAROOPA SINGH AND OTHERS)

                           Dated : 19-12-2023
                                    Shri R.S. Rathore - Advocate for the appellant.

                                    Shri Pankaj Raj - Panel Lawyer for the State/respondent 5.

Heard on the question of admission.

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

"Whether first appellate Court has committed illegality in declaring the defendant 1-Smt. Swaroopa Singh to be bhoomiswami of an area 0.29 hectare of Khasra no.315/3 ignoring the compromise decree (Ex.P/18 to P-20) ?".

Also heard on I.A.No.15293/2019, which is an application for stay of execution of judgment and decree.

At the outset learned counsel for the appellant prays for withdrawal of the said IA with liberty to file afresh.

Accordingly, I.A.No.15293/2019 is disposed off/closed. Issue notice of final hearing alongwith extract of substantial question of

law to the respondents 1-4 and 6 on payment of PF within 7 working days, failing which this appeal shall stand dismissed without further reference to the Court.

If appeal survives, list for final hearing after service of notice on the said respondents.

(DWARKA DHISH BANSAL) JUDGE

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