Sunil vs Pannalal
2023 Latest Caselaw 15534 MP

                                                               1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                           SA No. 604 of 2023
                                                    (SUNIL Vs PANNALAL AND OTHERS)

                          Dated : 21-09-2023
                                Shri Pushpendra Dubey- Advocate for the appellants

                                Shri Satish Pateriya - Panel Lawyer for the respondent 9 / State.

Heard on the question of admission. Appeal being arguable is admitted for final hearing on the following substantial questions of law :

1. "Whether learned first appellate Court has erred in reversing the judgment and decree of trial Court just contrary to the law laid down by the Supreme Court in the case of Santosh Hazari Vs Purushottam Tiwari (Dead) By LRs (2001) 3 SCC 179?.

2. Whether the learned first appellate Court has committed illegality in holding the Will in question to be not proved on the basis of affidavit (Ex.P-

7)?

3. Whether the Will in question has been proved by the defendant in accordance with provisions of Section 68 of the Evidence Act and Section 63

of the Indian Succession Act?

Also heard on IA No. 3859/2023, which is an application under Order 39 Rule 1 & 2 of C.P.C.

Issue notice of final hearing along with extract of substantial questions of law and IA No. 3859/2023 to the respondents on payment of PF within seven working days, failing which this appeal shall stand dismissed without further reference to the Court.

In the meantime, both the parties are hereby restrained from alienating the Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 9/22/2023 1:01:44 PM

suit property and shall maintain status quo until further orders.

If appeal survives, list for further consideration after service of notice on the respondents.

(DWARKA DHISH BANSAL) JUDGE

sarathe

Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 9/22/2023 1:01:44 PM