Ramprasad Ahirwar vs Anandi Raikwar
2024 Latest Caselaw 21153 MP

Madhya Pradesh High Court

Ramprasad Ahirwar vs Anandi Raikwar on 5 August, 2024

Author: Avanindra Kumar Singh

Bench: Avanindra Kumar Singh

                                                            1                                 SA-296-2015
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                       SA No. 296 of 2015
                                          (RAMPRASAD AHIRWAR Vs ANANDI RAIKWAR AND OTHERS )



                           Dated : 05-08-2024
                                 Shri R.P.Khare - Advocate for the appellant.
                                 Shri Ashish Kurmi - Panel Lawyer for the State.

                                 This second appeal by the appellant/defendant. It is submitted that
                           while trial Court partly allowed the suit of respondent/plaintiff the first

appellate Court ignoring the infirmities in the Will allowed the suit

completely.

Perused the record of both the courts as well as the judgment of trial Court in Civil Suit No.14-A/2012 [Anandi Raikwar and another Vs. Balla and others] dated 17.10.2012 and judgment of first appellate Court dt.19.1.2015 in Regular Civil Appeal No.12-A/2012 [Anandi Raikwar and another Vs. Balla and others].

On perusal of the record and evidence regarding Will it is seems that appeal is arguable and accordingly, it is admitted for hearing on the following substantial question of law:-

"When the respondent No.1 & 2/ plaintiffs themselves stated in their evidence that since last 2 months before the date of death of Rajji Bai, she was not able to see & hear and she was not able to understand what is being said to her and she was continuously on bed and the Will is alleged to have been executed on 04.7.1998 whereas she died on 13.7.1998, therefore, the learned Lower Appellate Court wrongly reversed the well reasoned findings of the Trial Court who held that there are so many suspicious circumstances and the Will is not found to be a genuine document?"

2 SA-296-2015

On payment of process fee by RAD mode within 07 working days issue

notice of this appeal alongwith aforesaid substantial question of law to the

respondents No.1 to 7 & 9.

Considered I.A.No.15080/2016, an application for stay.

Taking into account the circumstances of the case, both the parties are

directed to maintain status quo as it exists today with regard to the suit property

till next date of hearing.

List this case after service report is received.

(AVANINDRA KUMAR SINGH) JUDGE

RM