Alimuddin vs Sushil Kumar
2023 Latest Caselaw 18272 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                         SA No. 934 of 2022
                                            (ALIMUDDIN AND OTHERS Vs SUSHIL KUMAR AND OTHERS)

                          Dated : 01-11-2023
                                Shri Sanjay Kumar Mishra - Advocate for the appellants.

                                Shri Sripad Chitnis - Advocate for respondent No.1.

Shri G.S. Chauhan - Government Advocate for respondent No.2/State. Record is received.

Heard on I.A. No.3972/2023, an application filed by the appellants is dismissed as infructuous, as per the submission given by learned counsel for

the appellants.

Accordingly, I.A. No.3972/2023 stands dismissed as having infructuous. Learned Civil Judge, Class-I at Vidisha in civil suit No.200059/2015 vide judgement and decree dated 31.10.2018 dismissed the suit of the plaintiff. Learned first appellate Court on an appeal filed by plaintiff vide judgment and decree dated 28.02.2022 passed in civil appeal No.18/2018 decreed the suit.

Heard on admission.

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

"(i) Whether learned lower appellate court has committed grave mistake in reversing the judgment and decree passed by learned trial court without considering the law about proving the transaction by plaintiff himself at the place of special power of attorney holder when specifically who does not has any personal knowledge of sale deed dated 08.12.1986?

(ii) Whether learned lower appellate court has committed grave mistake in reversing the judgment and decree passed by learned trial court without considering the law about burden Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 02-Nov-23 11:18:08 AM

of prove lies upon whom to prove the transaction in shape of sale deed dated 08.12.1986 ?"

Parties are directed to maintain status quo regarding the suit property for all purpose till next date of hearing.

(AVANINDRA KUMAR SINGH) JUDGE

Adnan

Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 02-Nov-23 11:18:08 AM