Smt. Padma Bai vs Dilip Kumar
2023 Latest Caselaw 3351 MP

                                                                 1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                          SA No. 423 of 2018
                                            (SMT. PADMA BAI AND OTHERS Vs DILIP KUMAR AND OTHERS)

                            Dated : 23-02-2023
                                  Shri Sanjay Sarwate, Advocate for appellants.

                                  Shri R.N. Tripathi, Advocate for respondent 1.

Shri Ashok Kumar Pandey, Advocate for respondent 2.

Heard on the question of admission. The appeal is admitted for final hearing on the following substantial

question 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 the Will in question dtd. 28.10.1996 (Ex.P/10) could be said to have been proved on the basis of oral evidence of scribe, Abdul Kuddus Qureshi ?

Learned counsel appearing for respondent 1 accepts notice on behalf of

respondent 1.

Learned counsel appearing for the respondent 2 accepts notice for final hearing on behalf of respondent 2.

Learned counsel for the appellants is directed to supply copy of memo of appeal and all other annexures to the learned counsel appearing for respondent 1.

Issue notice of final hearing to the respondents 3-11 on payment of process fee within seven working days, failing which, this appeal shall stand Signature Not Verified Signed by: KUMARI PALLAVI SINHA Signing time: 2/24/2023 3:59:14 PM

dismissed without further reference to the Court.

Also heard on I.A. No. 3446/2020 and 3498/2020. With the consent of the parties, both the applications are disposed off/closed and both the parties are restrained from alienating the suit property till the decision of second appeal.

List for final hearing after service of notice on the respondents 3-

(DWARKA DHISH BANSAL) JUDGE

Pallavi

Signature Not Verified Signed by: KUMARI PALLAVI SINHA Signing time: 2/24/2023 3:59:14 PM