Ramroop Singh vs Smt. Geeta Singh
2023 Latest Caselaw 4365 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                         SA No. 2954 of 2022
                                        (RAMROOP SINGH AND OTHERS Vs SMT. GEETA SINGH AND OTHERS)

                          Dated : 20-03-2023
                                 Shri Birndavan Tiwari, learned counsel for the appellants.

                                 Shri S.K. Dubey, learned panel lawyer for the respondent/State.

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

"1. Whether lower appellate Court has erred in reversing the judgment and decree of learned trial Court contrary to the pronouncement of the Apex Court in the case of Santosh Hazari Vs Purushottam Tiwari (Dead) By Lrs (2001) 3 SCC 179 ?

2. Whether in the lifetime of father-Ramroop Singh (defendant 1), plaintiff had any right to file the suit for declaration of title and partition?"

Also heard on I.A.No.16084/2022, which is an application under Order 39 Rule 1 and 2 of CPC.

Issue notice of final hearing along with substantial questions of law and

I.A.No.16084/2022 to respondents on payment of process fee within seven working days, failing which this appeal shall stand dismissed without further reference to the Court.

In the meantime, both the parties are directed to maintain status quo in respect of the suit property until further orders.

If appeal survives, list for further consideration of I.A.No.16084/2022 after service of notice on the respondents.

Signature Not Verified Signed by: RASHMI RONALD VICTOR Signing time: 3/21/2023 4:37:48 PM

(DWARKA DHISH BANSAL) JUDGE RS

Signature Not Verified Signed by: RASHMI RONALD VICTOR Signing time: 3/21/2023 4:37:48 PM