Gordhansingh vs Suresingh
2024 Latest Caselaw 5663 MP

Madhya Pradesh High Court

Gordhansingh vs Suresingh on 23 February, 2024

Author: Vivek Rusia

Bench: Vivek Rusia

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                        SA No. 2692 of 2018
                                                (GORDHANSINGH Vs SURESINGH AND OTHERS)

                          Dated : 23-02-2024
                                 Shri Pankaj Pande - Advocate for appellant.


                                 Heard on the question of admission.
                                 The appeal is admitted on the following substantial questions of law: -

                                      (1) Whether the First Appellate Court has erred in
                                      law as well as on facts while reversing the judgment
                                      and decree passed by the trial Court in favour of the
                                      plaintiff?
                                      (2) Whether the First Appellate Court has erred in
                                      law as well as on facts in holding that there was an
                                      oral partition between Dallaji and Bhairaji, without
                                      any corroborating evidence to establish the oral
                                      partition?
                                      (3) Whether the First Appellate Court has erred in
                                      law as well as on facts in wrongly dismissing the
                                      suit, despite the fact that plaintiff is the recorded
                                      owner of the property in question and the defendants
                                      are in possession thereof, without title?
                                 Let notice by registered AD Mode be issued to the respondent (s) on

payment of Process Fee (P.F.) within a period of seven working days. Notice be made returnable within a further period of eight weeks.

Let notice be also issued on an application filed under Order 41 Rule 5 of the Code of Civil Procedure, 1908.

Let a copy of substantial questions of law be also sent to the respondent

(s).

Interim relief, if any, granted earlier shall continue to operate till the next

date of hearing.

Let the matter be listed after service of notice and / or filing of any response by the respondent (s).

(VIVEK RUSIA) JUDGE

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