Sukhdeo vs Smt. Jyoti
2024 Latest Caselaw 4982 MP

Madhya Pradesh High Court

Sukhdeo vs Smt. Jyoti on 20 February, 2024

Author: Avanindra Kumar Singh

Bench: Avanindra Kumar Singh

                                                                1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                           SA No. 1597 of 2023
                                               (SUKHDEO AND OTHERS Vs SMT. JYOTI AND OTHERS)

                           Dated : 20-02-2024
                                  Shri Shailendra Verma - Advocate for the appellant.

                                  Shri Bhuvnesh Sharma - Advocate for the respondent No.1.

Shri Teekaram Kurmi - Panel Lawyer for the respondent No.5/State.

Record is received.

The learned trial Court has allowed the suit of the appellants/plaintiffs

vide judgment and decree dated 11.10.2017. Learned First Appellate Court vide judgment dated and decree dated 10.5.2023 allowed the appeal of the respondents/defendants and dismissed the suit of appellants/plaintiffs.

Heard on admission.

The appeal is admitted on the following substantial question of law:-

"Whether the learned lower appellate Court was also justified in not considering that once the share holder was granted the share, then he has no right to file the partition?"

On payment of process fee by RAD mode issue notice of this appeal

alongwith aforesaid substantial question of law and pending interlocutory applications to the respondents No.2 to 4 .

In the meanwhile, both the parties shall maintain status quo in respect of the suit property till next date of hearing.

(AVANINDRA KUMAR SINGH) JUDGE

RM