Prabhudayal Gupta vs Santosh Tiwari
2024 Latest Caselaw 3787 MP

Madhya Pradesh High Court

Prabhudayal Gupta vs Santosh Tiwari on 8 February, 2024

Author: Dwarka Dhish Bansal

Bench: Dwarka Dhish Bansal

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                          SA No. 254 of 2014
                                          (PRABHUDAYAL GUPTA Vs SANTOSH TIWARI AND OTHERS)

                         Dated : 08-02-2024
                               Shri Siddharth Patel and Ms. Darshika Singh - Advocates for the

                         appellant.
                               Shri Paraskant Jain - Advocate for the respondent 1.

Shri Anupam Chaturvedi - Panel Lawyer for the State/respondent 7.

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 first appellate Court has committed illegality in reversing the finding in respect of title of the plaintiff especially in the circumstances where the defendant has not been able to prove his ownership on the land in question

?"

Shri Paraskant Jain accepts notice of final hearing on behalf of respondent 1, who has already been supplied copy of memo of appeal and other documents.

Issue notice of final hearing to the respondents 2-6 on payment of PF within 7 working days, failing which this appeal shall stand dismissed without further reference to the Court.

If appeal survives, list for final hearing after service of notice on the

respondents 2-6.

(DWARKA DHISH BANSAL) JUDGE

pb