Ramdayal vs Harishanker
2024 Latest Caselaw 14032 MP

Madhya Pradesh High Court

Ramdayal vs Harishanker on 13 May, 2024

Author: Achal Kumar Paliwal

Bench: Achal Kumar Paliwal

                                                                1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                           SA No. 380 of 2018
                                                    (RAMDAYAL Vs HARISHANKER AND OTHERS)

                           Dated : 13-05-2024
                                    Shri Ishteyaq Husain, learned counsel for the appellant.

                                    Miss Pushpanjali Dwivedi- P.L. appearing on behalf for the State.
                                    Heard on admission.
                                    This appeal is admitted for final hearing on the following substantial
                           questions of law:-
                                    "1. Whether the lower appellate Court legally erred in granting a decree of

                           injunction in favour of the respondent/defendant no.4 although both the Court

below held that he had not acquired title over the suit property by way of adverse possession ?

2. Whether the lower appellate Court legally erred in not considering the effect of the judgment and decree passed in Civil Suit No.14-A/1989 between Smt. Bhuri Bai and Smt. Saraswati Bai through whom the parties claim title and the finding that both of them were the wives of the deceased Devkaran and had half share each in the property left by him ?"

On payment of PF within a week, issue notice of final hearing to the

respondents by RAD Mode.

Notice be made returnable within four weeks. List after four weeks after service of notice upon the respondents.

(ACHAL KUMAR PALIWAL) JUDGE

Hashmi