Pannelal vs Koushalya
2024 Latest Caselaw 15217 MP

Madhya Pradesh High Court

Pannelal vs Koushalya on 21 May, 2024

Author: Dwarka Dhish Bansal

Bench: Dwarka Dhish Bansal

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                       SA No. 2533 of 2022
                                            (PANNELAL AND OTHERS Vs KOUSHALYA AND OTHERS)

                          Dated : 21-05-2024
                                Shri J.A. Shah - Advocate for the appellants.

                                Shri Satish Pateriya - Panel Lawyer for respondent 6/State.

Heard on IA No.14661/2022, which is an application under Section 5 of the Limitation Act.

Registry has reported this appeal to be barred by 2 days.

For the reasons mentioned in the application and there being no counter affidavit despite service of notice on respondents, the delay of two days occurred in filing the second appeal is condoned.

Accordingly, the IA No.14661/2022 is allowed and disposed off. Also heard on the question of admission. Appeal being arguable is admitted for final hearing on the following substantial questions of law :

"1. Whether first appellate Court has erred in reversing the judgment and decree of trial Court just contrary to the law laid down by the

Supreme Court in the case of Santosh Hazari Vs Purushottam Tiwari (Dead) By LRs (2001) 3 SCC 179 ?

2 . Whether first appellate court has committed illegality in holding that Baldev was not competent to execute the Will of the ancestral property, hence the Will (Ex.P/48 / Ex.D/1) is not binding on the plaintiff ?

3. Whether first appellate court has committed illegality in passing the judgment and decree without taking care of rights of Dillu daughter of Dudil Sahu ?"

Heard on IA No.13443/2022, which is an application under Order 41 Rule 5 CPC.

Issue notice of final hearing and IA No.13443/2022 along with extract of substantial questions of law to respondents on payment of P.F. within seven working days, failing which this appeal shall stand dismissed without further reference to the Court.

In the meantime, respondent 1/plaintiff is hereby restrained from taking possession of the land in question from the appellants.

List for further consideration of IA No.13443/2022 after service of notice on respondents.

(DWARKA DHISH BANSAL) JUDGE

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