Ram Dulari Died Through Lrs 1A) Gajendra ... vs Laxmi Narayan
2024 Latest Caselaw 5782 MP

Madhya Pradesh High Court

Ram Dulari Died Through Lrs 1A) Gajendra ... vs Laxmi Narayan on 26 February, 2024

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

                                     1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                               SA No. 37 of 2016
    (RAM DULARI DIED THROUGH LRS 1A) GAJENDRA SINGH Vs LAXMI NARAYAN AND OTHERS)

Dated : 26-02-2024
      Ms. Simran Kothari on behalf of Shri Amit Lahoti, learned counsel for

the appellant.
      Shri Devraj Dixit, learned counsel on behalf of Shri Sanjay Kumar
Mishra, learned counsel for the respondents No. 1 to 7.

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

"(i) Whether, the judgment delivered by the learned lower appellate Court suffers from the perversity of findings and misreading of evidence?

(ii) Whether, the lower appellate Court has committed an illegality in reversing the decree of the trial Court without disturbing the findings of the trial Court ?

(iii) Whether, the lower appellate Court has misconstrued the provisions of Section 68 of the Indian Succession Act and Section 63(c) of Indian Evidence Act while holding that the Will has been duly proved ?"

Since respondents are already served and represented, no fresh notice for

final hearing is required to be issued.

Order dated 14/1/2016; whereby, parties to the lis were directed to maintain status quo as regards suit land is hereby made absolute.

I.A.No. 217/2016 is accordingly disposed of. List for final hearing in due Court.

(ROOPESH CHANDRA VARSHNEY) JUDGE JAI Digitally signed by JAI PRAKASH SOLANKI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT

PRAKASH OF MADHYA PRADESH BENCH GWALIOR, 2.5.4.20=287738d30aabaeda9b10cecdf179ce c865c7633f4cfb9e38ce14fcbb05b9522a,

postalCode=474001, st=Madhya Pradesh, serialNumber=8D6BC1C9FCE36623D0BD6B8

SOLANKI 072A2D8C01433EBD48AE4F609F108CA8F8D E6B522, cn=JAI PRAKASH SOLANKI Date: 2024.03.04 10:31:02 +05'30'

JPS/-