Sarnam Singh Yadav vs Smt. Rachna Yadav
2023 Latest Caselaw 16385 MP

                                                                         1
                                                 IN THE HIGH COURT OF MADHYA PRADESH
                                                              AT GWALIOR
                                                                  MP No. 5859 of 2023
                                                     (SARNAM SINGH YADAV Vs SMT. RACHNA YADAV AND OTHERS)

  Dated : 05-10-2023
                                            Shri P.C.Chandil, learned counsel for the petitioner.

                                            Shri M.S.Jadon, learned GA for respondent No.6/State.

The instant petition is preferred under Article 227 of the Constitution wherein petitioner as defendant is aggrieved by the order dated 10.08.2023 passed by 8th District Judge, Gwalior and order dated 04.04.2023 passed by 9th Civil Judge, Junior Division, Gwalior to the extent whereby findings as given

by both the Courts below may prejudice the cause of petitioner as defendant. Findings given to the extent that property in the question is coparcenary property whereas according to the petitioner, it is agriculture land and as per the plaint allegation, property is of father of petitioner therefore, said aspect is doubtful. However, observation may prejudice the cause of petitioner.

Issue notice to the respondents on payment of process fee through RAD mode by tomorrow, returnable within two weeks.

As an interim measure, proceedings pending before the trial Court may continue but final judgment shall not be passed.

List the case in the week commencing 30.10.2023.

ANAND PATHAK) JUDGE

Ashish*

ASHIS Digitally signed by ASHISH CHAURASIA DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF

H MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=bf81a9adb1da24e4bc7 b5195154c3d4de08c6bb9303e5

CHAU 2e2e7e728d9bac85bd3, pseudonym=CA2EA6EDDF504F 8F9C2790FA9A0FD201D0242B6 4, serialNumber=A926F3CBF979EC

RASIA A6A4C477577EEDBA3AB4F9459 3A930B98DAE1B0AD16F90B5FD , cn=ASHISH CHAURASIA Date: 2023.10.05 19:43:23 -07'00'