Ram Vichar Shah vs Nand Kumar Shah
2024 Latest Caselaw 3620 MP

Madhya Pradesh High Court

Ram Vichar Shah vs Nand Kumar Shah on 7 February, 2024

Author: Dwarka Dhish Bansal

Bench: Dwarka Dhish Bansal

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                          SA No. 219 of 2023
                                     (RAM VICHAR SHAH AND OTHERS Vs NAND KUMAR SHAH AND OTHERS)

                         Dated : 07-02-2024
                               Shri Ankit Saxena - Advocate for the appellants.

                               Shri Eshwardas Vaishy - Advocate for the respondents 1-3.

Shri Satish Pateria - Panel Lawyer for the State/respondent 4.

Heard on the question of admission.

Appeal being arguable is admitted for final hearing on the following

substantial questions of law:-

"1 Whether first appellate Court has erred in reversing the judgment and decree of trial Court just contrary to the law laid down by Supreme Court in the case of Santosh Hazari Vs Purushottam Tiwari (Dead) By LRs (2001) 3 SCC 179 ?

2. Whether in the life time of Ramadhar Shah (defendant 5), his sons i.e. plaintiffs (Nand Kumar Shah and Akshay Kumar Shah) had right to file the civil suit for declaration of title, permanent injunction and for declaring the sale deed dated 29.10.1992 executed by Ramadhar Shah(defendant 5) in favour of

defendants 1-4 ?"

Also heard on I.A. No.1401/2023, which is an application under Section 41 Rule 5 r/w Section 151 CPC.

Shri Eshwardas, learned counsel for the respondents 1-3 and Shri Pateria

- counsel for the State/respondent 4 accept notice of final hearing and aforesaid I.A. and prays for time to file reply to the application.

In the meantime, both the parties are hereby directed to maintain status quo in respect of the suit property until further orders.

List for further consideration of I.A. No.1401/2023 after filing of the reply by the respondents.

(DWARKA DHISH BANSAL) JUDGE

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