Harulal vs Hiran Bai
2023 Latest Caselaw 10037 MP

                                                              1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                        SA No. 488 of 2017
                                              (HARULAL AND OTHERS Vs HIRAN BAI AND OTHERS)

                         Dated : 03-07-2023
                                Shri Sanjay Kumar Jain, learned counsel for the appellants.

                                Ms. Priyal Rahangdale, learned counsel for the respondent 1.

Heard on the question of admission. This 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 & decree passed by learned trial Court just contrary to law settled by Supreme Court in the case of Santosh Hazari vs. Purushottam Tiwari (Dead) through LRs. reported in (2001) 3 SCC 179 ?"

2.Whether the finding in respect of period of death of Dhan Singh being based on no evidence is sustainable ?"

3. Whether the suit was rightly dismissed by trial Court for want of joinder of necessary parties ?"

Also heard on I.A.No.5884/2017.

After arguments learned counsel for the appellants prays for withdrawal of this application with liberty to file fresh I.A. under Order 39 Rue 1 and 2 CPC.

Prayer being reasonable is accepted and the I.A.No.5884/2017 is dismissed as withdrawn with the aforesaid liberty.

Learned counsel for respondent 1 accept notice of final hearing. Learned counsel for the appellants is directed to supply copy of memo of appeal and requisite documents to learned counsel appearing for respondent Signature Not Verified Signed by: SATTYENDAR NAGDEVE Signing time: 7/4/2023 10:18:24 AM

Learned counsel for the appellants is also directed to supply copy of memo of appeal to the respondent 3, if already not supplied.

Learned counsel for the appellants further prays time to move application for deleting the name of respondent 2 who has died without leaving any legal heir.

As prayed, fifteen days time is granted to move the application for deleting the name of respondent 2, failing which this appeal shall stand dismissed without further reference to the Court.

List thereafter for further orders.

(DWARKA DHISH BANSAL) JUDGE

SN

Signature Not Verified Signed by: SATTYENDAR NAGDEVE Signing time: 7/4/2023 10:18:24 AM