Madhya Pradesh High Court

Kaliya vs Thavriya S/O Noorji Bhil Deceased ... on 3 May, 2024

                                                                 1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT INDORE
                                                          SA No. 1613 of 2020
                                (KALIYA Vs THAVRIYA S/O NOORJI BHIL DECEASED THORUGH LRS BHURI BAI AND OTHERS)

                           Dated : 03-05-2024
                                   Shri Nidhi Bohara, learned counsel for the appellant.

                                   Shri Ramesh Kumar Chandrawade, learned counsel for the respondent

no.1.

Shri Chetan Joshi, learned PL for the respondent/State.

Heard on the question of admission.

The appeal is admitted on the following substantial questions of law :-

1. Whether, the Learned First Appellate Court committed a grave error of law in passing the impugned judgment on the basis of the document which is not even tendered and exhibited in evidence ?

2. Whether, the Learned First Appellate Court committed a grave error of law in not relying on the partition order that is Ex.P/1 in whereby previously reversing the finding recorded by the learned trial court without fulfilling the test laid down by the Hon'ble Apex Court in the case of Santosh Hazari V. Purshottam Tiwari (2001-02)?

A copy of substantial questions of law be supplied to the learned counsel for the respondents.

Matter is fixed for arguments on I.A.No.4107/2020 after two weeks. I.R. to continue till the next date of hearing.

(GAJENDRA SINGH) JUDGE