Devilal vs Tulsibai Deceased Through Lrs. ...
2024 Latest Caselaw 6247 MP

Madhya Pradesh High Court

Devilal vs Tulsibai Deceased Through Lrs. ... on 29 February, 2024

Author: Anil Verma

Bench: Anil Verma

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                        SA No. 2371 of 2023
                               (DEVILAL AND OTHERS Vs TULSIBAI DECEASED THROUGH LRS. RAMPRASAD AND OTHERS)

                           Dated : 29-02-2024
                                  Mr. Sameer Anant Athawale - Advocate for appellant.

                                  Ms. Nisha Tanwar - Panel Lawyer for respondent No.3 / State.

Heard on admission.

This second appeal is admitted for final hearing on the following substantial questions of law:-

"(a) Whether the lower appellate court committed an error of law in ignoring the admission of plaintiff in her cross-

examination in para 15 and 16 where she admits that partition already took place 33 years back and not in the year 1989 which was considered by the trial court and not reversed by lower appellate court?

(b) Whether the lower appellate court erred in law in not reversing the finding of trial Court in para 46 and 49 of trial Court judgment wherein the trial Court has considered the fact of execution of Will and thus the finding of lower appellate court is not legally sustainable?"

Let notice be issued to the respondents on payment of process fee within seven working days.

Notice be made returnable within ten weeks.

(ANIL VERMA) JUDGE

Anushree