Madan vs Kanchan
2023 Latest Caselaw 15827 MP

                                      1
               IN THE HIGH COURT OF MADHYA PRADESH
                            AT JABALPUR
                                SA No. 1837 of 2023
                        (MADAN AND OTHERS Vs KANCHAN AND OTHERS)

Dated : 25-09-2023
         Shri Vikas Rathi - Advocate for the appellant.

         Shri Mukesh Kumar Sulake - Advocate for the respondent No.1.

Shri Anil Upadhyay - Advocate for the respondent No.4/State.

As per office note dated 23.09.2023, notices issued to respondent No.2(A), 2(B), 2(C) and 3 have been received back unserved.

Learned Additional Judge to the Court of Civil Judge Class-1 at Sausar, District Chhindwara in Civil Suit No.75A/2013 (Kanchan vs. Ajay & Others) vide judgment and decree dated 06.11.2017 partly allowed the said civil suit.

Learned First Appellate Court vide judgment dated 30.06.2023 dismissed Civil Appeal Nos.17/2018 & 19/2018, but allowed Civil Appeal No.16/2021.

The appellant Madan and others (Civil Appeal No.17/2018) have filed this second appeal.

It is informed that parties before the Court below and this Court are real brothers and sisters.

Record is received.

Heard on admission.

This second appeal is admitted on the following substantial questions of law:-

(i) Whether mutation entry in the land record are presumed to be true u/S.117 of M.P. Land Revenue Code, 1959 and whether absolute rights are created in favour of person (bonafide purchaser) who acts to purchase the property on the basis of such mutation entry and whether the plaintiff is estopped from challenging the title if the mutation entry is not challenged by the plaintiff ?

(ii) Whether learned lower Appellate Court erred in holding that Will is forged without examination of signature of testator ?

(iii) Whether suit filed by the plaintiff in respect of Will is barred by law of limitation ?

Learned counsel for respondent No.1 very strongly opposed on substantial questions of law and submits that he is ready to argue the appeal on the next date of hearing.

Learned counsel for appellants is also ready to argue the appeal right now if the appeal is argued by learned counsel for respondent today itself.

It will be in the interest of justice to give proper time to the parties to file written synopsis and relevant citations, if any.

Issue notice to the respondent No.2(A), 2(B), 2(C) and 3 on payment of P.F. within seven days, failing which this appeal shall stand dismissed without further reference to the Court.

Notices be made returnable within six weeks. It is noticed that I.A. No.12230/2023 was allowed on 16.08.2023 and default No.2 was ignored but it is being reflected.

Registry to verify the same and do the needful. Meanwhile, parties shall maintain status quo on the suit property which is prevailing today till the next date of hearing.

(AVANINDRA KUMAR SINGH) JUDGE

mohsin

Digitally signed by MOHD MOHSIN QURESHI Date: 2023.09.26 11:16:14 +05'30'