Prem Singh vs Ramkubai W/O Late Madhava Chamar ...
2023 Latest Caselaw 9333 MP

                                                                  1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT GWALIOR
                                                          SA No. 2521 of 2022
                            (PREM SINGH AND OTHERS Vs RAMKUBAI W/O LATE MADHAVA CHAMAR (DECEASED) THROUGH ITS
                                              LEGAL REPRESENTATIVES (A) GENDALAL AND OTHERS)

                           Dated : 21-06-2023
                                   Mr. Mahesh Goyal - Advocate for the appellants.

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

                                    " ( 1 ) Whether, the learned First Appellate Court has
                                    committed an error of law in reversing the judgment and
                                    Decree passed by the trial Court on the basis of perverse
                                    finding in respect to documentary as well as oral evidence
                                    available on record.
                                    ( 2 ) Whether, the learned First Appellate Court has
                                    committed an error by ignoring the question of
                                    maintainability of suit in the light of the fact that property in
                                    question is ancestral property and plaintiff is not having any
                                    right in the share of her son.
                                   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.

In view of facts and circumstances of this case, till the next date of

hearing, status quo in regard to possession as it exists today shall be maintained by the rival parties.

List this case for final hearing in due course. Certified copy as per rules.

(SUNITA YADAV) JUDGE

(LJ*)

Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 6/23/2023 10:20:57 AM