Smt. Sangani Bai vs Mukesh
2023 Latest Caselaw 1243 MP

                                                                1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                            SA No. 32 of 2016
                                           (SMT. SANGANI BAI AND OTHERS Vs MUKESH AND OTHERS)

                          Dated : 20-01-2023
                                Shri Gyendra Singh Baghel, Advocate for the appellants.


                                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 the findings recorded by first appellate Court in respect of the
                          appellant 1 Sangani Bai being perverse is not sustainable ?
                                3. Whether without producing and proving the Will, learned first appellate
                          has erred in holding that Sukul Bai has succeeded the property of Dasma Bai by
                          way of Will?"
                                Also heard on I.A no.999/2019 which is an application under Order 39

                          rule 1 and 2 CPC.
                                Issue notice of final hearing along with substantial questions of law and
                          I.A. No.999/2019 to the respondent on payment of process fee within seven

working days, failing which the appeal shall stand dismissed without further reference to the Court.

In the meantime, both the parties are restrained from alienating the suit property, until further orders.

List for further consideration of IA No.999/2022 after service of notice Signature Not Verified Signed by: PRASHANT BAGJILEWALE Signing time: 1/23/2023 12:41:59 PM

on the respondents.

(DWARKA DHISH BANSAL) JUDGE

pb

Signature Not Verified Signed by: PRASHANT BAGJILEWALE Signing time: 1/23/2023 12:41:59 PM