Shivdayal vs Shripati
2023 Latest Caselaw 10830 MP

Citation : 2023 Latest Caselaw 10830 MP
Judgement Date : 13 July, 2023

Madhya Pradesh High Court

Shivdayal vs Shripati on 13 July, 2023

Author: Dwarka Dhish Bansal

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                          SA No. 1023 of 2012
                                               (SHIVDAYAL AND OTHERS Vs SHRIPATI AND OTHERS)

                          Dated : 13-07-2023
                                  Shri Pramendra Singh-Advocate for the appellants.

                                  Shri Neeraj Dubey-Advocate for respondent 4.

Shri Rajeev Pandey-Panel Lawyer for respondent 5/State.

Heard on the question of admission. The appeal being arguable is admitted for final hearing on the following

substantial questions of law:

"1 . Whether learned first appellate Court has erred in reversing the judgment and decree of trial Court just contrary to the law laid down by the Supreme Court in the case of Santosh Hazari Vs Purushottam Tiwari (Dead) By LRs (2001) 3 SCC 179?.

2 . Whether without fulfillment of requirement of sec.68 of the Indian Evidence Act, 1872 and sec.63 of the Indian Succession Act, 1925 learned first appellate Court has erred in relying upon the Will dtd. 30.01.2001 (Ex. P/1) ?"

Also heard on I.A.No.10944/2012, which is an application for temporary injunction under Order 39 Rule 1&2 CPC.

After hearing learned counsel for the parties, the interim relief granted on 03.10.2012 is hereby made absolute and IA No.10944/2012 is allowed and disposed off accordingly.

Also heard on IA No.13880/2022, which is an application for vacating stay.

In the light of order passed today on IA No.10944/2012, the application Signature Not Verified Signed by: SWETA SAHU Signing time: 7/14/2023 10:38:39 AM

IA No.13880/2022 is also disposed off/closed.

Shri Neeraj Dubey-Advocate accepts notice on behalf of respondent 4. Issue notice of final hearing to respondents 1-3 on payment of process fee within seven working days, failing which this appeal shall stand dismissed without further reference to the Court.

List for final hearing in due course.

(DWARKA DHISH BANSAL) JUDGE

Signature Not Verified Signed by: SWETA SAHU Signing time: 7/14/2023 10:38:39 AM