Citation : 2024 Latest Caselaw 14347 MP
Judgement Date : 15 May, 2024
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
SA No. 999 of 2017
(STENTHI SOULS EDUCATION SOCIETY Vs RUKMANI BAI AND OTHERS)
Dated : 15-05-2024
Shri Rahul Choubey - Advocate for appellants.
Shri Anurag Gohil - Advocate for respondent no.1.
Shri K.S. Patel - Panel Lawyer for the State.
Heard on I.A. No.13792/2023 application for deleting the name of respondent no.3.
As per the application, respondent no.3 Premshankar had died and LRs of respondent no.3 are already on record.
Accordingly I.A. No.13792/2023 is allowed. Name of respondent no.3 be deleted from the cause title of memo of appeal within seven working days.
Heard on admission.
This appeal is admitted for final hearing on the following substantial question of law:-
"Whether the learned Appellate Court was justified in disbelieving the final judgment and decree passed by the Ld Civil Court when Ld Court has believed that the respondents have no coparcenary rights and even then divided the disputed property amongst the parties?"
Learned counsel for appellant is directed to supply the copy of memo of appeal to opposite counsel.
Heard on I.A. No.11715/2017 application under Order 41 Rule 5 r/w Section 151 of CPC is disposed of with the direction that parties shall maintain the status quo and shall not create any third party interest.
List this matter for final hearing in the month of August, 2024.
(DEVNARAYAN MISHRA) JUDGE
HK
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