Citation : 2023 Latest Caselaw 483 MP
Judgement Date : 9 January, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
SA No. 650 of 2022
(SHYAM SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 09-01-2023
Heard through Video Conferencing.
Mr. Ashish Kumar Mishra - Advocate for the appellants.
Mrs. Shakti Tripathi - Panel Lawyer for the State.
Record has been received.
Heard on the question of admission.
This appeal is admitted on the following substantial questions of law:-
(i) "Whether the First Appellate Court has committed error in
setting-aside the Judgment and Decree of Trial Court passed in favour of
appellants without see that the suit was filed after 15 years of partition, whether
the law of estoppel is applicable to the parties or not ?
(ii) Whether the First Appellate Court has committed error in holding
that the suit was filed within the time limit, it was not barred by the Law of
Limitation."
Issue notices to the respondents on payment of process fee within a
period of seven working days by both modes for final hearing of this appeal.
Notices be made returnable within four weeks. Also heard on I.A. No.2592/2022, an application for stay. Issue notices to the respondents on payment of process fee within a period of seven working days by both modes.
Notices be made returnable within four weeks. In the meanwhile, parties are directed to maintain status-quo as it exists today.
Signature Not Verified Signed by: JULIE SINGH Signing time: 1/9/2023 6:38:03 PM
List this case after four weeks. Certified copy as per rules.
(ARUN KUMAR SHARMA) JUDGE
julie
Signature Not Verified Signed by: JULIE SINGH Signing time: 1/9/2023 6:38:03 PM
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