Omkar Singh vs Bheekam Singh
2023 Latest Caselaw 652 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                        SA No. 1892 of 2021
                                         (OMKAR SINGH AND OTHERS Vs BHEEKAM SINGH AND OTHERS)

                          Dated : 10-01-2023
                                Shri Purushottam Das Gupta, learned counsel for the appellants.

                                None for the respondents.

Heard on question of admission. This second appeal is admitted for final hearing on the following substantial questions of law:-

1. Whether judgment and decree exhibit D-3 and D-4 shall operate resjudicata to the present suit?

2. Whether the present suit is barred by limitation? Also heard on I.A. No.9981/2021 which is an application under Order 41 Rule 5 CPC.

In view of the decree passed by learned court below learned counsel for the appellants prays for withdrawal of this application.

Accordingly, the application I.A. No.9981/2021 is dismissed as withdrawn with liberty to move fresh/appropriate application.

Issue notice of final hearing along with substantial questions of law to the respondents on payment of process fee within 7 working days, failing which the second appeal shall stand dismissed without further reference to the court.

If appeal survives, list for final hearing after service of notice on the respondents in due course.

(DWARKA DHISH BANSAL) JUDGE

VPA Signature Not Verified Signed by: RASHMI RONALD VICTOR Signing time: 1/11/2023 4:23:39 PM

Signature Not Verified Signed by: RASHMI RONALD VICTOR Signing time: 1/11/2023 4:23:39 PM