Moolchand @ Muluaa(Died) Through ... vs Mohan Singh
2023 Latest Caselaw 15009 MP

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                       SA No. 1283 of 2019
                            (MOOLCHAND @ MULUAA(DIED) THROUGH LRS 1A. MANOKOBHAI AND OTHERS Vs MOHAN SINGH
                                                            AND OTHERS)

                           Dated : 12-09-2023
                                 Shri P.S. Thakur- Advocate for appellants.

                                 Ms. Mamta Mishra - Panel Lawyer for respondent No.5/State.

Record is received.

The learned Civil Judge, Class-2, Gairatganj District-Raisen in Regular Civil Suit No. 78-A/2010 Moolchand ( deceased) through legal heirs and

others vs. Mohan Singh and Ors, judgment and decree dated 30-08-2011 has dismissed the suit which was confirmed by the learned Appellate Court in RCA 100009/2011 vide judgment and decree dated 23-01-2019.

Heard on the question of admission. The appeal is admitted on the following proposed substantial questions of law:-

" ( i ) Whether both the learned Courts below have again failed to appreciate the fact that property bearing khasra No. 83

admeasuring 9.17 acre is Joint Hindu Property of the undivided family ?

( i i ) Whether both the learned Courts below have again failed to appreciate the fact that property bearing khasra No. 37/2 admeasuring 13.72 acres is property of the undivided Hindu family?

(iii) Whether both the courts below have erred in finding that mutation has been found to be the basis of ownership with Signature Not Verified Signed by: PARMESHWAR GOPE Signing time: 15-09-2023 19:01:40

regard to property bearing khasra No. 37/2 admeasuring 13.72?"

Issue notice on appeal along with substantial questions of law to rest of respondents on payment of PF within 7 working days failing which this appeal shall stand dismissed without further reference to the Bench. Notice be made returnable within six weeks.

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

List after six weeks.

(AVANINDRA KUMAR SINGH) JUDGE

PG

Signature Not Verified Signed by: PARMESHWAR GOPE Signing time: 15-09-2023 19:01:40