Maniram vs Sanjana
2024 Latest Caselaw 21603 MP

Madhya Pradesh High Court

Maniram vs Sanjana on 8 August, 2024

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

                                                             1                              SA-871-2024
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                      SA No. 871 of 2024
                                             (MANIRAM AND OTHERS Vs SANJANA AND OTHERS )



                           Dated : 08-08-2024
                                Shri Nirendra Singh Tomar - Advocate for the appellants.
                                Shri Rajendra Jain - Advocate for respondents No.1 & 5.

Shri S.N.Seth - Advocate for respondent No.2. Shri Dileep Awasthi - Govt. Advocate for respondent No.6/State. None for respondent No.3.

Respondent No.4 is unserved.

Record is received.

Heard on the question of admission. The appeal is admitted on the following substantial questions of law:-

" (i) Whether, the first appellate Court has grossly erred in reversing the judgment and decree passed by the trial Court without any cogent reason ?

(ii) Whether, the respondent No.1/plaintiff is entitled to seek

partition of the disputed property ?

(iii) Whether, the suit filed by respondent No.1/plaintiff is maintainable ?

(iv) Whether, the first appellate Court has erred in holding the disputed property to be coparcenary property ?

(v) Whether, the suit filed by respondent No.1/plaintiff deserves to be dismissed ?"

2 SA-871-2024

Issue notice to respondent No.4 on payment of process fee by RAD as well as ordinary mode within a period of seven working days.

Notice be made returnable within four weeks. List alongwith SA No.1236/2024. Meanwhile, the parties are restrained from creating third party interest in the disputed property till next date of hearing.

(ROOPESH CHANDRA VARSHNEY) JUDGE

Adnan