Mohd. Jakariya vs Bholapratap
2023 Latest Caselaw 15357 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                          SA No. 676 of 2023
                                                (MOHD. JAKARIYA Vs BHOLAPRATAP AND OTHERS)

                           Dated : 19-09-2023
                                  Shri Priyank Choubey - Advocate for appellant.

                                  Shri Gajendra Parashar- Panel lawyer for respondent No. 10/State. .

Record has been received.

T h e learned Civil Judge in Regular Civil Suit No. 213-A/2020 by judgment and decree dated 22-06-2022, decreed the suit of the plaintiff. Learned

First Appellate Court in CA No. 20-A/22 by judgment and decree dated 06-02- 2023 dismissed the appeal.

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

"(i) Whether the lower courts below failed to appreciate the document Ex.P/1 (Deed of Exchage) wherein no countersign of both the parties in the deed with regard to the contents of well is situated in the disputed property therefore not admissible in the evidence?"

Issue notice of this appeal, aforesaid substantial question of law along with IA No. 4180/23 to the other respondents on payment of PF within seven working days by RAD mode.Notice be made returnable within six weeks.

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

Accordingly, IA No. 14171/23 stands disposed of. List after six weeks.

Signature Not Verified Signed by: PARMESHWAR GOPE Signing time: 21-09-2023 11:36:46

(AVANINDRA KUMAR SINGH) JUDGE PG

Signature Not Verified Signed by: PARMESHWAR GOPE Signing time: 21-09-2023 11:36:46