Smt. Heera Chaudhary vs Barelal @ Kishora @ Kishorilal
2023 Latest Caselaw 20132 MP

Citation : 2023 Latest Caselaw 20132 MP
Judgement Date : 30 November, 2023

Madhya Pradesh High Court

Smt. Heera Chaudhary vs Barelal @ Kishora @ Kishorilal on 30 November, 2023

Author: Avanindra Kumar Singh

Bench: Avanindra Kumar Singh

                                                                 1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT GWALIOR
                                                         SA No. 1700 of 2023
                              (SMT. HEERA CHAUDHARY AND OTHERS Vs BARELAL @ KISHORA @ KISHORILAL AND OTHERS)

                           Dated : 30-11-2023
                                 Shri R.K. Soni - Advocate for the appellants.

                                 Shri Dharmendra Rishishwar- Advocate for respondent No.1.

Record is received.

Heard on the question of admission. This second appeal under Section 100 of the Code of Civil Procedure,

1908 has been filed against the judgment and decree dated 02/05/2023 passed by 1st Principal District Judge, District- Ashoknagar (M.P.) in Civil Appeal No.64/2022 arising out of the judgment and decree dated 27/10/2022 passed by 1st Civil Judge, Senior Division, District - Ashoknagar (M.P.) in Civil Suit No.73A/2018.

The appeal involves and is admitted on the following substantial questions of law;

"1.Whether, once the initially burden of prove of execution of sale deed exhibit P/1 proof by the appellant and the defendant failed to prove his burden and admitted the execution of sale deed exhibit P/1 in para 4 and 9, therefore, the reversal judgment and decree passed by lower appellate court in dismissing the suit and allowing the counter claim is sustainable in the eyes of law?"

Service of respondents No.2 to 18 was dispensed with vide order dated 14/08/2023.

Meanwhile, parties are directed to maintain status quo regarding suit property till next date of hearing.

List the case for final hearing in due course.

(AVANINDRA KUMAR SINGH) JUDGE

rahul