Asha Devi vs Hiramani
2023 Latest Caselaw 15545 MP

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       SA No. 2651 of 2019
                                             (ASHA DEVI AND OTHERS Vs HIRAMANI AND OTHERS)

                           Dated : 21-09-2023
                                 Shri D.K. Dwivedi - Advocate for the appellants.

                                 Ms. Seema Sahu - Panel Lawyer for the respondent No.5/State.

The learned Additional Civil Judge Class I at Deosar, District Singraouli in Civil Suit No.203-A/2015 (Asha Devi and ors. vs. Hiramani and ors.) by judgment and decree dated 29.11.2016 has dismissed the suit of the plaintiff.

The learned first appellant court in Civil Appeal No.500092-A/2016 by judgment and decree dated 26.06.2019, has dismissed the appeal.

Heard on admission.

Record is received.

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

i . Whether learned Courts below are right in holding mutations orders (under challenge) as to entering the sole name of defendant No.1 over entire disputed/ancestral land, fraudulently even having included/adjusted the land khasra No.649 area 0.01

acquired as self acquired, to late Lalan Singh in settlement patta after partition of entire land?

i i . Whether despite the admission of defendants as to partition of land in question into 1/5 part among all 5 children of their father and also mutation equally over the said part, the learned Courts below are right to ignore the same for dismissing the suit?

Signature Not Verified Signed by: VINAY KUMAR VERMA Signing time: 23-09-2023 12:15:02

Issue notice of this appeal, aforesaid substantial questions of law along with IA No.12216/2019 to the respondents on payment of PF within seven working days by RAD mode, 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.

List after six weeks.

(AVANINDRA KUMAR SINGH) JUDGE

vkv /-

Signature Not Verified Signed by: VINAY KUMAR VERMA Signing time: 23-09-2023 12:15:02