Rakesh Dhritlehre vs Smt. Nita Lehre
2023 Latest Caselaw 19342 MP

Madhya Pradesh High Court

Rakesh Dhritlehre vs Smt. Nita Lehre on 21 November, 2023

Author: Dwarka Dhish Bansal

Bench: Dwarka Dhish Bansal

                                                                1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                         SA No. 1717 of 2019
                                             (RAKESH DHRITLEHRE Vs SMT. NITA LEHRE AND OTHERS)

                            Dated : 21-11-2023
                                  Shri Mohd. Siddeeque, Advocate for appellant.

                                  Shri Vivek Agrawal, Advocate for respondent 2.

Heard on the question of admission.

The appeal being arguable is admitted for final hearing on the following substantial questions of law:-

"1. Whether learned first appellate Court has erred in reversing the judgment and decree of trial Court just contrary to the law laid down by the Supreme Court in the case of Santosh Hazari Vs Purushottam Tiwari (Dead) By LRs (2001) 3 SCC 179?

2. Whether without seeking declaration of title by the plaintiff regarding her rights over the property, learned first appellate Court has erred in decreeing the suit holding the plaintiff to be co-owner ?"

Also heard on I.A. No.7281/2019, which is an application under Order 39 Rule 1 & 2 CPC.

Shri Vivek Agrawal, Advocate accepts notice of final hearing on behalf of respondent 2 and prays for and is granted four weeks' time to file reply of the application (I.A. No.7281/2019).

Issue notice of final hearing alongwith extract of substantial of questions of law and I.A. to the respondent 1 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 hereby restrained from alienating the

suit property until further orders.

If appeal survives, list for further consideration after service of notice on the respondent 1 and after filing reply by respondent 2.

(DWARKA DHISH BANSAL) JUDGE

KPS