Kalu Prajapati vs Ashokrani @ Butti Prajapati
2024 Latest Caselaw 5530 MP

Madhya Pradesh High Court

Kalu Prajapati vs Ashokrani @ Butti Prajapati on 22 February, 2024

Author: Amar Nath Kesharwani

Bench: Amar Nath Kesharwani

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        SA No. 2077 of 2022
                                        (KALU PRAJAPATI Vs ASHOKRANI @ BUTTI PRAJAPATI AND OTHERS)

                           Dated : 22-02-2024
                                 Shri Sanjay Kumar Patel - Advocate for the appellant.

                                 Ms. Vibha Pathak - Panel Lawyer for the respondent No.4/State.

Heard on the question of admission.

The appeal is admitted for final hearing on the following substantial question of law :

"(i) Whether, the First Appellate Court has erred in law in reversing the judgment and decree passed by learned trial Court on the finding that the suit property was not co-parcenary property ?"

(ii) Whether, the First Appellate Court has erred in law in arriving at the conclusion that the plaintiff had 1/4th share in the suit property and sale-deed dated 28/07/2017 executed in favour of appellant/defendant No.3 Kalu Prajapati by Bhaiya Lal is null and void to the extent of the share of the plaintiff/respondent No.1

in suit property ?

(iii) Whether the First Appellate Court has erred in law in passing the decree of permanent injunction in favour of plaintiff/respondent No.3 ?

Issue notice to the respondents No.1 to 3 alongwith copy of memo of appeal, annexed documents, substantial question of law formulated by this Court and copy of I.A.No.10885/2022 on payment of process fee within seven

working days. Notice be made returnable within four weeks.

Parties are directed to maintain status-quo as it exists today with respect to the suit property, till next date of hearing.

List the case after four weeks for consideration of I.A.No.10885/2022.

(AMAR NATH (KESHARWANI)) JUDGE

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