Ikbal Mohammad (Deceased) Thr. ... vs Mariyam Bee
2023 Latest Caselaw 15162 MP

                                     1
              IN THE HIGH COURT OF MADHYA PRADESH
                           AT JABALPUR
                               SA No. 214 of 2017
(IKBAL MOHAMMAD (DECEASED) THR. LRS SMT. MUNIZA BEGUM AND OTHERS Vs MARIYAM BEE AND
                                      OTHERS)

Dated : 13-09-2023
         Shri Sanjay Sharma - Advocate for appellants.

         Shri Amit Khatri - Advocate for respondent Nos.1 to 4.

Learned Civil Judge, Class-II at Waraseoni in Civil Suit No.26-A-09 (Mariyam Bi Vs. Rasool Mohammad & Ors.) by judgment and decree dated 08.07.2010 allowed the suit of plaintiff. The learned First Appellate Court in

Civil Appeal No.120A/2015 by judgment and decree dated 02.12.2016 partly allowed the appeal of the appellant-defendant.

Heard on admission.

Appeal is admitted on the following substantial question of law:

"Whether the lower Appellate Court is right in modifying the judgment and decree of the trial Court and decreeing the suit in favour of original defendant No.3 and holding them entitled to 2/3 share in the property, though they have not filed counter claim before the trial Court?

Whether the lower Appellate Court is right in rejecting application under Order 41 Rule 27 (I.A. No.5)? Whether without framing issue on limitation as well as on will, judgment and decree of the trial Court confirmed by the Appellate Court can be approved?" Issue notice to the respondents except those present today as well as substantial questions of law on payment of P.F. within seven working days, failing which the appeal shall stand dismissed without further reference to the Court.

Notice be made returnable within six weeks. List the case after six weeks.

Till the next date of hearing, parties are directed to maintain status quo in respect of the suit property.

(AVANINDRA KUMAR SINGH) JUDGE

Shub

SHUBHAM THAKKER 2023.09.15 13:22:02 +05'30'