Smt. Kashibai vs Smt. Rambati Bai
2023 Latest Caselaw 8914 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                          SA No. 559 of 2022
                                                (SMT. KASHIBAI Vs SMT. RAMBATI BAI AND OTHERS)

                           Dated : 15-06-2023
                                 Shri Santosh Agrawal- Advocate for the appellant.

                                 Heard.
                                 The appeal is admitted on the following substantial questions of law:

                                   "(1) Whether, the learned First Appellate Court erred in not
                                   relying upon the oral partition (partition deed Exh.P/1) on
                                   the basis of perverse findings ?
                                   (2) Whether, the findings of First Appellate Court are
                                   perverse on the issue of limitation and maintainability of suit
                                   in the light of the provisions of Section 34 of Specific Relief
                                   Act, 1963 ?
                                 Issue notice to the respondents on payment of process fee by Registered

as well as Ordinary mode within seven working days. Notice be made returnable within four weeks.

I n view of the facts and circumstances of the case, it is directed that effect and operation of judgment and decree dated 07/12/2021 passed by First District Judge Ganjbasoda, District Vidisha in R.C.A. No.-07/2015 shall remain

stayed till the next date of hearing.

(SUNITA YADAV) JUDGE

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Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 16-06-2023 05:42:45 PM