Mrutyunjay Singh vs Shyamvansh Mishra
2024 Latest Caselaw 4277 MP

Madhya Pradesh High Court

Mrutyunjay Singh vs Shyamvansh Mishra on 13 February, 2024

Author: Dwarka Dhish Bansal

Bench: Dwarka Dhish Bansal

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                       SA No. 2110 of 2023
                                    (MRUTYUNJAY SINGH AND OTHERS Vs SHYAMVANSH MISHRA AND OTHERS)

                          Dated : 13-02-2024
                                Shri Umesh Shrivastava - Advocate for the appellants.

                                Ms. Mamta Mishra - Panel Lawyer for respondent 9/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 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 giving weightage to the alleged unregistered sale deed dated 10.02.1965 of the favour of plaintiffs over and above the registered sale deed dated 30.01.1987 (Ex.D/1) of the favour of defendant 2-7 ?.

3. Whether the findings recorded by first appellate Court in respect of

title and possession over the land in question being perverse on facts are sustainable ?".

Issue notice of final hearing along with the substantial questions of law to the respondents 1-8 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 in due course after service of notice on the respondents.

(DWARKA DHISH BANSAL) JUDGE SN