Smt. Manvati Singh vs Rajbahadur Singh (Dead) S/O Late ...
2023 Latest Caselaw 5190 MP

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                           SA No. 716 of 2023
                             (SMT. MANVATI SINGH AND OTHERS Vs RAJBAHADUR SINGH (DEAD) S/O LATE SIVNATH SINGH
                                              THROUGH LRS TRIYOGINARAYAN SINGH AND OTHERS)

                          Dated : 28-03-2023
                                Brijesh Kumar Singh- appellant 3 is present in person.

                                Shri Mukund Agrawal, learned Government Advocate for the
                          respondent 5/State.

Heard on the question of admission. Perused the judgment and decree passed by the Courts below.

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 learned first appellate Court has committed illegality in holding the pulli dated 19/01/1965 (Ex.P/1) to be inadmissible in evidence contrary to the admission made by the defendants? "

Also heard on I.A.No.4462/2023.

Issue notice of final hearing along with substantial questions of law and I.A.No.4462/2023 to respondents 1-4 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.

Signature Not Verified Signed by: RASHMI RONALD VICTOR Signing time: 3/29/2023 5:27:27 PM

Registry is directed to requisition the record of Courts below. If appeal survives, list for further consideration of I.A.No.4462/2023 after service of notice on the respondents 1-4.

(DWARKA DHISH BANSAL) JUDGE

RS

Signature Not Verified Signed by: RASHMI RONALD VICTOR Signing time: 3/29/2023 5:27:27 PM