Smt Sudha Rani vs The State Of Madhya Pradesh
2023 Latest Caselaw 8098 MP

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              IN THE HIGH COURT OF MADHYA PRADESH
                           AT GWALIOR
                                SA No. 933 of 2023
         (SMT SUDHA RANI AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 18-05-2023
      Shri Anand Bharadwaj - Advocate for the appellants.
      Shri Sheeraz Quraishi - Govt. Advocate for the respondent/State.

Heard on the question of admission.

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

1. Whether First Appellate Court was justified in reversing the findings of facts based on conflicting evidence arrived at by the Trial Court, when the findings were based on oral/documentary evidence recorded by the the Trial Court who has authored the judgment and while reversing the finding of facts whether the Appellate Court without touching the findings of the learned Trial Court can reverse the judgment by imposing its own findings?

2. Whether the First Appellate Court was justified in reversing the well considered judgment of the trial Court by assigning reasons which may be held to be perverse due to improper appreciation of oral and documentary

evidence available on record ?

Issue notice to the respondents on payment of PF within four working days by RAD as well as ordinary mode. Notice be made returnable within four weeks.

Also heard on I.A. No. 2600 of 2023 which is an application filed under Order 39 Rule 1 and 2 of CPC.

Till the next date of hearing, parties are directed to maintain status-quo.

(MILIND RAMESH PHADKE) V. JUDGE

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ABDUR RAHMAN 2023.05.19 13:51:34 +05'30'