Jyotikumari vs Kailashnath Since Deceased Now Lrs. ...
2024 Latest Caselaw 12870 MP

Madhya Pradesh High Court

Jyotikumari vs Kailashnath Since Deceased Now Lrs. ... on 7 May, 2024

Author: Hirdesh

Bench: Hirdesh

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                         SA No. 988 of 2022
                             (JYOTIKUMARI AND OTHERS Vs KAILASHNATH SINCE DECEASED NOW LRS. RESHAMBAI AND
                                                                OTHERS)

                         Dated : 07-05-2024
                                  Shri Nitin Phadke, counsel for the appellants.

                                  Shri Dattatray Kale, counsel for the respondents No.1 to 4.

These cross-objections involves the following substantial questions of law:-

(a) Whether the first appellate court was right in holding that the

plaintiff-respondent's possession is permissive when the finding of the trial court to the effect that possession is under the unregistered sale deed was not challenged by the appellants in their cross-objection and there was no valid ground to record contrary finding ?

(b) Whether in view of the judgments reported in 1988 MPLI-781 & 2002(1) MPLJ-86 holding that possession under unregistered document is adverse, the courts below were justified in not granting the relief of declaration of title by adverse possession to the respondents ?

(c) These cross-objections relates to the relief of declaration of title and

fixed court fee of Rs.500/- was paid before the court below hence same court fee is paid on these cross-objections and they are filed within 30 days time from the date of service of summons of appeal.

As this is already an admitted appeal, hence list the appeal for final hearing in due course.

(HIRDESH) JUDGE

Arun/-