Poonam vs Onkar
2023 Latest Caselaw 431 MP

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                       SA No. 845 of 2021
                                               (POONAM AND OTHERS Vs ONKAR AND OTHERS)

                         Dated : 06-01-2023
                               Shri Rishiraj Trivedi, learned counsel for the appellant.


                               Heard on the question of admission.
                               Appeal is admitted on the following substantial question of law:-
                               ''(1). Whether, the learned Courts below have committed an error of
                         law while holding that the Appellants/ Plaintiffs No.1 to 5 have no birthright

                         tin the suit properties ?
                               (2).    Whether the learned Courts below have committed an error of
                         law in not appreciating that a property inherited by a male Hindu from his
                         father, father's father is an ancestral property and the son, grandson and
                         grate grandson of the person who inherits it, acquire an interest in such
                         property by virtue of his birth ?
                               (3). Whether, the judgment and decree passed by the learned Courts
                         below is not sustainable in the light of the judgment passed by the Hon'ble
                         Supreme Court of India in the matter of Shyamnarayan Prasad versus

                         Krishna Prasad reported in (2018) 7 SCC 646 and in the matter of Arsh
                         Noor Singh Versus Harpal Kour and Other reported in (2020) 14 SCC 436
                         ?
                               On payment of P.F. within seven working days, notice be issued to the
                         respondents. Notice be made returnable within four weeks.

(VIVEK RUSIA) JUDGE

Signature Not Verified Signed by: PRAVEEN NAYAK Signing time: 1/6/2023 5:11:11 PM

Praveen

Signature Not Verified Signed by: PRAVEEN NAYAK Signing time: 1/6/2023 5:11:11 PM