Deceased Devisingh Through Lrs ... vs Smt Sajjanbai
2024 Latest Caselaw 5701 MP

Madhya Pradesh High Court

Deceased Devisingh Through Lrs ... vs Smt Sajjanbai on 23 February, 2024

Author: Hirdesh

Bench: Hirdesh

                                                               1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                          SA No. 2150 of 2018
                           (DECEASED DEVISINGH THROUGH LRS JAMSINGH AND OTHERS Vs SMT SAJJANBAI AND OTHERS)

                          Dated : 23-02-2024
                                Shri Vinay Gandhi, learned counsel for the appellants.

                                Heard on admission.
                                Record perused.
                                Appeal is admitted for final hearing on the following substantial questions
                          of law:
                                     (1)    Whether the learned courts below committed a grave

                               error of law in not granting the decree of declaration of title and
                               possession as well as perpetual injunction in favour of the appellants
                               to the extent of 2 bigha of disputed survey no.74/3 in spite of
                               recording the title and possession of the plaintiffs/appellants over
                               the aforesaid specified disputed land?
                                     (2) Whether the trial court committed a grave error of law in
                               not adjudicating issue no.3 of its judgment dated 30.09.2014
                               (Annexure A/2) and the appellate court committed a grave error in
                               confirming the judgment of the trial court without considering the

                               aforesaid?
                                On payment of PF within 7 days, issue notice to the respondents along

with substantial questions of law on which this appeal is admitted for final hearing, by RAD mode, returnable within eight weeks.

List after eight weeks.

IR, if any, to continue till the next date of hearing.

(HIRDESH) JUDGE hk/