Madhya Pradesh High Court

Harinarayan Tiwari vs Ganesh Prasad Tiwari on 1 May, 2024

Author: Dwarka Dhish Bansal

Bench: Dwarka Dhish Bansal

                                                             1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                       SA No. 1156 of 2023
                                       (HARINARAYAN TIWARI Vs GANESH PRASAD TIWARI AND OTHERS)

                         Dated : 01-05-2024
                               Shri Ashok Kumar Tiwari - Advocate for appellant.

                               Shri Surendra Verma - Advocate for respondents.

Ms. Kamlesh Tamraka - Panel Lawyer for respondent/State.

Heard on the question of admission. Appeal being arguable is admitted for final hearing on the following

substantial questions of law:-

"1. Whether first appellate Court has erred in reversing the judgment and decree of trial Court just contrary to the law laid down by the Supreme Court in the case of Santosh Hazari Vs Purushottam Tiwari (Dead) By LRs (2001) 3 SCC 179 ?

2. Whether first appellate Court has committed illegality in holding the plaintiff to be owner /bhumiswami of the land in question ?

3. Whether first appellate Court has committed illegality in allowing the application under Order 41 Rule 27 CPC without giving opportunity of rebuttal ?"

Also heard on I.A. No. 7222/2023, which is an application under Order

41 Rule 5 CPC.

Shri Surendra Verma - Advocate accepts notice of final hearing and I.A.No. 7222/2023 on behalf of the respondent 1, who has already been supplied copy of memo of appeal and I.A.No.7222/2023 and prays for two weeks time to file reply to the aforesaid I.A. Ms. Kamlesh Tamrakar - Panel Lawyer accepts notice on behalf of respondent 2/State.

In the meantime, execution of decree shall remain stayed until further order.

List for further consideration after filing reply of (I.A.No.7222/2023).

(DWARKA DHISH BANSAL) JUDGE