Gunjan Prasad Kewat vs Bheemsen Kewat
2023 Latest Caselaw 14921 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                          SA No. 1643 of 2023
                                           (GUNJAN PRASAD KEWAT Vs BHEEMSEN KEWAT AND OTHERS)

                           Dated : 11-09-2023
                                 Shri R.S. Rathore - Advocate for the appellant.

                                 Smt. Mamta Mishra - Panel Lawyer for the respondent/ State.

Record is received.

The suit of the plaintiff was dismissed in RCSA No. 52-A/19 by the learned Civil Judge at Anuppur vide judgment and decree dated 28.04.2022

which was affirmed by learned Second District Judge, Anuppur in Regular Civil Appeal No. 12-A/2023.

Heard on admission.

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

"(i) Whether both the learned Courts have given perverse finding to the effect that the plaintiff has failed to prove that the sellers of the suit land namely Sevaniya and Phoolmati had any right, title or interest to sell the suit land ?

(ii) Whether both the learned Courts ought to have appreciated that after the death of Parmeshwardeen, Sevaniya Bai being the widow and Phoolmati being daughter had birth right to the suit land and they have inherited the suit property and had full right, title and interest over the same and to sell out the same to the plaintiff by obtaining consent of other co-sharers ?

Issue notice to the respondents of the appeal as well as substantial

questions of law and I.A. No. 10473/2023 on payment of P.F. within seven working days failing which the instant appeal shall stand dismissed without further reference to the Court.

Let the notice be made returnable within six weeks. Till the next date of hearing, parties shall maintain status quo in respect of the suit property.

Signature Not Verified Signed by: VIKRAM SINGH Signing time: 14-09-2023 11:21:37

C.C. As per rules.

(AVANINDRA KUMAR SINGH) JUDGE

Vikram

Signature Not Verified Signed by: VIKRAM SINGH Signing time: 14-09-2023 11:21:37