Adiba vs Khurshid Khan
2023 Latest Caselaw 18137 MP

                                                                1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT GWALIOR
                                                         SA No. 3132 of 2019
                                               (ADIBA AND OTHERS Vs KHURSHID KHAN AND OTHERS)

                           Dated : 31-10-2023
                                 Shri Santosh Agrawal- Advocate for the appellants.

                                 Shri R.K. Upadhyay, learned counsel for respondent No.1.

Shri Rohit Shrivastava- learned Panel Lawyer for respondent No.2/State.

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 02/08/2019 passed by First Additional District Judge, Sironj, District- Vidisha (M.P.) in Civil Appeal No.25A/2013 arising out of the judgment and decree dated 06/01/2016 passed by Civil Judge, Class- I, Sironj, District - Vidisha (M.P.) in Civil Suit No.8A/2017.

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

"1. Whether, Courts below have committed serious error of law, in calculating the share of appellant No.1?

2. Whether, finding of Courts below are perverse in regard to death of Asma mother of defendant No.1 after the death of Abid i.e. father of defendant No.1 and committed mistake in calculating the share and allotting share to defendant No.3 and 4?

3. Whether, it is admitted fact that son of Khushrid has killed the father and mother of defendant No.1 even then the document of criminal trial is necessary or the courts below have committed serious error of law in not disinherit the yakoob?"

Signature Not Verified Signed by: RAHUL SINGH PARIHAR Signing time: 02-11-2023 10:24:22 AM

Also heard on IA No.4638/2019, an application under Order 41 Rule 5 of CPC.

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

List the case for final hearing after four weeks.

(AVANINDRA KUMAR SINGH) JUDGE

rahul

Signature Not Verified Signed by: RAHUL SINGH PARIHAR Signing time: 02-11-2023 10:24:22 AM