Khuman Singh vs Deewan Singh
2024 Latest Caselaw 3622 MP

Madhya Pradesh High Court

Khuman Singh vs Deewan Singh on 7 February, 2024

                                                                 1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                        SA No. 1582 of 2023
                                              (KHUMAN SINGH Vs DEEWAN SINGH AND OTHERS)

                         Dated : 07-02-2024
                                Shri Prashant Sharma - Advocate for appellant.

                                Shri Rahul Yadav - Advocate for respondents No.2,3 & 5 to 9.

Shri Vijay Sundaram - Panel Lawyer for the respondent No.13/State. Heard on the question of admission.

The appeal is admitted on the following substantial questions of law;

(1) Whether the lower Appellate Court erred in entertaining the appeal itself as the judgment and decree cannot be challenged by anyone as it is a judgment in personem and not in rem?

(2) Whether the First Appellate Court has erred in holding that Ummrao is died and Ummed being heir of Ummrao.? (3) Whether the right which accrued by operation of law and declared in Civil Suit No.27-A/2003, can be disturbed by challenge of third party?

Issue notice to the respondents by RAD as well as ordinary mode on payment of process fee within seven working days. Notice be made returnable within four weeks.

Also heard on IA No.3370/2023, an application under Order 41 Rule 5 of the CPC for stay.

Considering the facts and circumstances of the case, it is directed that the effect and operation of judgment and decree dated 24.06.2023 passed by District Judge Lateri, District Vidisha (M.P.) in RCA No.07A/2021 shall remain stayed till the next date of hearing.

List the case for final hearing in due course.

(BINOD KUMAR DWIVEDI) JUDGE Aman