Dhuplal vs Chhapan
2023 Latest Caselaw 1976 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                        SA No. 795 of 2019
                                              (DHUPLAL AND OTHERS Vs CHHAPAN AND OTHERS)

                    Dated : 03-02-2023
                            Shri Nitesh Kumar Jain, Advocate for appellants.

                            Ku. Kamlesh Tamrakar, Panel Lawyer for respondent-State.

Heard on the question of admission.

The appeal is admitted for final hearing on the following substantial questions of law:-

"1. Whether learned first appellate Court has erred in reversing the judgment and decree passed by learned trial Court just contrary to the law settled by the Apex Court in the case of Santosh Hazari Vs Purushottam Tiwari (Dead) By LRs (2001) 3 SCC 179 ?

2. Whether despite proving the execution and attestation of the Will in accordance with Section 63 of the Indian Succession Act and Section 68 of the Indian Evidence Act, learned first appellate Court has erred in holding it to be not proved ?

3. Whether the suspicious circumstances pointed out by first appellate Court are sufficient to hold that the plaintiffs are not entitled for decree in their favour ?

Also heard on I.A. No. 3446/2019, which is an application for temporary injunction restraining the respondents from making interference in possession of the plaintiffs/appellants.

Issue notice of final hearing and I.A. No.3446/2019 to the respondents alongwith the copy of substantial questions of law on payment of process fee by both modes within a period of seven working days, failing which, the appeal shall stand dismissed without further reference to the Court.

In the meantime, both the parties are directed to maintain status quo with respect to Signature Not Verified Signed by: KUMARI PALLAVI SINHA Signing time: 2/4/2023 12:07:09 PM

the land in question until further orders.

If appeal survives, list for further consideration of I.A. No.3446/2019 after service of notice on the respondents.

(DWARKA DHISH BANSAL) JUDGE

Pallavi

Signature Not Verified Signed by: KUMARI PALLAVI SINHA Signing time: 2/4/2023 12:07:09 PM