Smt. Mayabai vs Smt. Shantibai
2023 Latest Caselaw 1845 MP

                                                                       1
                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                         AT INDORE
                                                               SA No. 1661 of 2022
                                                     (SMT. MAYABAI Vs SMT. SHANTIBAI AND OTHERS)

                           Dated : 01-02-2023
                                    Shri Anil Nagrani, learned counsel for the appellant / defendant No.2.

                                    Heard on the question of admission and IA No.8262/2022, an
                           application for status quo ante / appropriate orders.
                                    The present second appeal filed by the appellant / defendant No.2 under
                           Section 100 of the Code of Civil Procedure, 1908 is admitted for final hearing

                           on the following substantial question (s) of law: -
                           1.     Whether both the Courts below of the District Court have erred in holding that the civil suit
                           filed by the plaintiff was not barred by the principles of res judicata and have misread the earlier
                           judgment Ex.D/3 dated 07.05.2014?

                                    Let notice be issued to the respondent (s) on payment of Process Fee

(PF) within a period of one week, returnable within a further period of six weeks.

Let the record of the Courts below be requisitioned, if not already requisitioned.

As an interim measure, it is directed that till the next date of hearing, the

status quo with regard to the property in question as it exists today shall be maintained by the parties.

Certified copy as per rules.

(SUBODH ABHYANKAR) JUDGE

rcp

Signature Not Verified Signed by: RAMESH CHANDRA PITHWE Signing time: 02-02-2023 17:52:52