Panmati Devi vs Brajesh
2024 Latest Caselaw 4070 MP

Madhya Pradesh High Court

Panmati Devi vs Brajesh on 12 February, 2024

Author: Dwarka Dhish Bansal

Bench: Dwarka Dhish Bansal

                                                                 1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                          SA No. 1110 of 2023
                                               (PANMATI DEVI AND OTHERS Vs BRAJESH AND OTHERS)

                            Dated : 12-02-2024
                                  Shri Saurabh Pathak, Advocate for appellants.

                                  Shri Pradeep Dwivedi, Panel Lawyer for respondent-State.

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 the Supreme Court in the case of Santosh Hazari Vs Purushottam Tiwari (Dead) By LRs (2001) 3 SCC 179 ?

2. Whether the sale deed dtd. 10.02.2015 executed by defendant 2 in favour of defendant 1 is void for want of permission of the Collector as required under Section 158 (3) and 165(7-b) of the M.P. Land Revenue Code, 1959 ?"

Also heard on I.A. No.7012/2023, which is an application under Order 39

Rule 1 & 2 CPC.

Issue notice of final hearing and I.A. No.7012/2023 along with extract of substantial questions of law to the respondents 1-2 on payment of P.F. within 7 working days, failing which this second appeal shall stand dismissed without further reference to the Court.

In the meantime, both the parties are hereby restrained from alienating the suit property and shall maintain status quo in respect of the possession over the land in question until further orders.

If appeal survives, list for further consideration of I.A. No.7012/2023 after service of notice on the respondents 1-2.

(DWARKA DHISH BANSAL) JUDGE

KPS