Smt. N. Prabha vs Shailesh Kumar @ Shailendra Kumar
2024 Latest Caselaw 21163 MP

Citation : 2024 Latest Caselaw 21163 MP
Judgement Date : 5 August, 2024

Madhya Pradesh High Court

Smt. N. Prabha vs Shailesh Kumar @ Shailendra Kumar on 5 August, 2024

Author: Avanindra Kumar Singh

Bench: Avanindra Kumar Singh

                                                            1                                 SA-569-2023
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                      SA No. 569 of 2023
                            (SMT. N. PRABHA AND OTHERS Vs SHAILESH KUMAR @ SHAILENDRA KUMAR AND OTHERS )



                         Dated : 05-08-2024
                              Ms. C. V. Rao - Advocate for the appellants.

                               Mr. Sourabh Kumar Sharma - Advocate for the respondents.

This Second Appeal has been filed by the appellants/plaintiffs being aggrieved by the judgment and decree dated 21/12/2022 in regular Civil Appeal No.86/2017 by the appellants/plaintiffs and N. Ajeet Kumar (dead) through legal representatives Smt. N. Prabha and others vs. Shailesh Kumar @ Shailendra Kumar & others, whereby learned First Appellate Court has dismissed the appeal of the plaintiffs and has affirmed the judgment and decree of the trial Court passed in Civil Suit No.02-A/2014 (Dr. N. Ajeet Kumar vs. Shailesh Kumar @ Shailendra Kumar & others) vide judgment and decree dated 29/04/2017 by which the trial Court has partly allowed the suit and counter claim of the defendant.

Learned counsel for the appellants/plaintiffs submitted that defendant No.2 was a step mother of late Rajni Tiwari, therefore, would come under half-blood as per Section 18 of the Hindu Succession Act, 1956 and will not have a right of inheritance under Section 15(2-A) of the Hindu Succession Act, 1956 but both the Courts have held otherwise. It has also submitted that earlier between the parties, there was a judgment and decree dated 26/03/2010 passed by this Court in Second Appeal No.392 of 1990 but it was also ignored.

After considering the material available on record and keeping in view the arguments advanced by learned counsel for the appellants, this second appeal seems to be arguable, hence it is admitted for final hearing on the following substantial questions of law :-

"(i) Whether defendant No.2, who is the step mother of late Rajni Tiwari who comes under half blood as per Section 18 of Hindu Succession Act will get the right of inheritance under Section 15(2)(a) of Hindu Succession Act ?

2 SA-569-2023

(ii) Whether, the half blood shall prevail over the full blood against the provision contained in Section 18 of Hindu Succession Act ?

(iii) Whether, the judgment and decree dated 02/03/1982 passed by Hon'ble High Court in First Appeal No.15/1979 is not binding on both the Courts below ?

(iv) Whether, the judgment and decree dated 26/03/2010 passed by Hon'ble High Court in SA No.392/1990 is not binding on both the Courts below ?"

On payment of process fee within seven working days, notices be issued to the respondents.

As an interim measure, both the parties are directed to maintain status quo as it exist today regarding the suit property and shall not alienate the suit property till next date of hearing

List thereafter along with service report.