Madhya Pradesh High Court

Anand Kumar vs Liladhar on 3 May, 2024

Author: Hirdesh

Bench: Hirdesh

                                                             1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                      SA No. 2979 of 2019
                                          (ANAND KUMAR AND OTHERS Vs LILADHAR AND OTHERS)

                         Dated : 03-05-2024
                               Mr. Sameer Anant Athawale, counsel for the appellant [P-1].

                               Mr. Pritam Singh Kushwaha, counsel for the respondent [R-1].

Ms. Harshita Ranawat, counsel for the respondent [R-2, 3, 4 & 10]. Heard on the point of admission. This second appeal is admitted for hearing on the following substantial questions of law:-

(i) Whether in the facts and circumstances of the case Ld. courts below were justified in allowing the first appeal and affirming the judgment and decree passed by Ld. Trial Court on same grounds, which is vitiated and contrary to the legal position and material available on record ?

(ii) Whether the findings of the courts below are perverse, not being based on settled legal position or are contrary to the evidence on record as adduced by the plaintiff/respondent No.1, thus, the reasoning's assigned are in error of law and facts ?

(iii) Whether the Lower Appellate Court was justified in shifting the

burden on the appellant/defendant No.1 and 2 to prove execution of the will, when the plaintiff had not discharged his initial burden of proving the pleadings of execution of a forged will by any documentary or oral evidence ?

(iv) Whether Ld. Trial Court erred in deleting issue No.2 vide order dated 18.12.2015 regarding execution of forged will dated 10.01.1993 in favour of the defendants No.1 and 2 / appellants, which was the pivotal issue and required adjudications ?

On payment of process-fee within seven working days by RAD mode, issue notice to the respondents, returnable within eight weeks.

List after eight weeks.

(HIRDESH) JUDGE

Arun/-