Keshav Singh Kushwah vs Dhanto Bai W/O Shankarlal Deceased ...
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Madhya Pradesh High Court

Keshav Singh Kushwah vs Dhanto Bai W/O Shankarlal Deceased ... on 9 February, 2024

                                                            1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                      SA No. 2783 of 2023
                         (KESHAV SINGH KUSHWAH Vs DHANTO BAI W/O SHANKARLAL DECEASED THROUGH LRS SMT. KAMLA
                                                           BAI AND OTHERS)

                         Dated : 09-02-2024
                               Shri P.C. Chandil - Advocate for appellant.

                               This Second Appeal has been filed under Section 100 of CPC against the
                         judgment dated 05.09.2023 passed by 12th District Judge, Gwalior in Regular
                         Civil Appeal No.19/2022, whereby the judgment and decree dated 30.12.2021
                         passed by the 12th Civil Judge, Senior Division Gwalior in Civil Suit

                         No.2200124A/2015, by which the suit of the plaintiff in regard to declaration of
                         title has been dismissed and partly allowed in regard to permanent injunction,
                         has been affirmed.
                               Heard on the question of admission.
                               Appeal appears to be arguable, hence, it is admitted for final hearing on
                         the following substantial questions of law :

                                  (i) Whether the courts below were justified in dismissing
                                  plaintiff/appellant's suit for declaration applying the
                                  principle of lis pendens on the basis of judgment passed
                                  in Civil Suit No.42A/2007 Exhibit D-5, ignoring the fact
                                  that second appeal against the same is admitted and
                                  pending for hearing before the High Court ?
                                  (ii) Whether without deciding the application under Order
                                  22 Rule 4 CPC to bring the legal heirs of deceased-
                                  respondent No.1 (ii) Smt. Sabo Bai, the lower appellate

court was justified in passing impugned judgment and decree ?

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.

List for final hearing in due course.

(BINOD KUMAR DWIVEDI) JUDGE

Aman