Manish Khare vs Mandir Shri Pratap Raghav Ji & Ors.
2024 Latest Caselaw 15476 MP

Madhya Pradesh High Court

Manish Khare vs Mandir Shri Pratap Raghav Ji & Ors. on 22 May, 2024

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                           SA No. 34 of 2005
                                           (MANISH KHARE Vs MANDIR SHRI PRATAP RAGHAV JI & ORS.)

                           Dated : 22-05-2024
                                 Shri Arvind Shrivastav - Advocate for the appellant.

                                 Shri Jaspreet Gulatee - Advocate on behalf of Ms. Sanjana Sahini -
                           Advocate for the respondent No.1.

Heard on the question of admission.

Appeal being arguable is admitted for final hearing on the following

substantial question of law :

1 . "Whether the learned lower appellate Court was justified in allowing the appeal and decreeing the suit of the respondent/plaintiff in view of the findings of the Trial Court that the sale deed executed by Smt. Putariyabai on 2. 10.1945 was null and void and without any authority?

2. Whether judgment and decree passed by lower appellate court is sustainable in the eyes of law in view of the fact that defendant/deceased respondent no.2 died during the pendency of the first appeal and in absence of his legal heirs on record the appeal has been abated?"

Issue notice of final hearing to the other respondents on payment of PF

within seven working days, returnable within six weeks.

List after six weeks.

(BINOD KUMAR DWIVEDI) JUDGE

Akm