Bhaurao vs Smt. Prabha
2023 Latest Caselaw 22288 MP

Madhya Pradesh High Court

Bhaurao vs Smt. Prabha on 22 December, 2023

Author: Dwarka Dhish Bansal

Bench: Dwarka Dhish Bansal

                                                                 1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                             SA No. 934 of 2015
                                              (BHAURAO AND OTHERS Vs SMT. PRABHA AND OTHERS)

                            Dated : 22-12-2023
                                  Ms. Purnima Bhalerao, Advocate for appellants.

                                  Shri Jaideep Sirpurkar, Advocate for respondent 1.

Shri Satish Pateriya, Panel Lawyer for respondent 2-State.

Heard on I.A. No. 9254/2018, which is an application for condonation of delay in filing of the second appeal.

Registry has reported this appeal to be barred by 8 days. Learned counsel appearing for the respondent opposed the application, however, no counter to the application has been filed.

For the reasons mentioned in the application and there being no counter to the application, there is sufficient cause available for not filing the appeal within the requisite period. As such, the delay is condoned.

Accordingly, I.A. No.9254/2018 is allowed and disposed off. 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 erred in reversing the judgment and decree of Trial Court just contrary to the pronouncement of the Apex Court in the case of Santosh Hazari Vs Purushottam Tiwari (Dead) By Lrs (2001) 3 SCC 179 ?

2. Whether the plaintiff can claim any right in the suit property in the lifetime of her father Bhaurao, who is still alive?"

Heard on I.A. No. 10825/2015, which is an application under Order 41 Rule 5 CPC.

Shri Jaideep Sirpurkar, Advocate accepts notice of final hearing and I.A. No.10825/2015 on behalf of respondent 1 and Shri Satish Pateriya, Panel Lawyer accepts notice of final hearing and I.A. No.10825/2015 on behalf of respondent 2-State.

In view of the nature of decree, it is directed that effect, operation and execution of the decree shall remain stayed till the decision of the second appeal. It is further directed that both the parties shall not alienate the suit property during the pendency of this appeal.

Accordingly, I.A. No.10825/2015 is disposed off/closed. List for final hearing in due course.

(DWARKA DHISH BANSAL) JUDGE

KPS