Mst. Basiran Bi & Ors. vs Dr.Abdul Aziz & Ors.
2023 Latest Caselaw 452 MP

                                                                 1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                            SA No. 26 of 1991
                                                (MST. BASIRAN BI & ORS. Vs DR.ABDUL AZIZ & ORS.)

                          Dated : 09-01-2023
                                   None for the appellant.

                                   Shri Mohd. Ali - Advocate for the respondent.

Heard on I.A.No.341/2023, an application for change of counsel. It is submitted that earlier Shri Mohd. Rizwan Khan and his associate advocates were contesting the appeal but now the appellant does not wish to

argue his matter by Shri Mohd. Rizwan Khan and therefore, he wants to change his counsel and now he wants to get his case argued by Shri Siddharth Patel.

The application is not opposed by the original counsel as well the counsel for the respondent.

Although, the application is supported by an affidavit of Hamid Khan, Appellant No.1(vi) but the Vakalatnama on behalf of the appellants has not been filed.

It is submitted by Shri Patel that he would file the Vakalatnama within a period of two days.

Accordingly, list on 17.01.2023 for consideration of I.A.No. 341/2023. It is appears that earlier this appeal was decided by judgment dated 30.07.2007. The matter traveled up to Supreme Court and one of the argument of the appellant was that no question with regard to application of Principle of Escheat under the Muslim Law was framed and yet the final order in the second appeal was based on the same. The Supreme Court by order dated 09th March, 2021 passed in Civil Appeal No. 9700-9701/2011 allowed the SLP and remanded the matter back to the High Court to hear the parties afresh in Signature Not Verified Signed by: VINAY KUMAR BURMAN Signing time: 11-Jan-23 11:38:18 AM

accordance with law and it was also made clear that the Supreme Court has not expressed any opinion on the merits of the case and the entire matter shall remain open for consideration by the High Court De novo.

It is submitted by the counsel for the respondent that this Court by order dated 13.07.2022 has held that the matter is to be considered on the point of view as to whether any substantial question of law arises or not and accordingly prays that the substantial questions of law may be framed afresh.

Since, at present the appellants are not represented by their counsel, therefore, this aspect shall also be taken up for consideration on 17.01.2023.

(G.S. AHLUWALIA) JUDGE

vinay*

Signature Not Verified Signed by: VINAY KUMAR BURMAN Signing time: 11-Jan-23 11:38:18 AM