Gulab Singh Tomar vs Manoj Kumar Gupta
2025 Latest Caselaw 4462 MP

Madhya Pradesh High Court

Gulab Singh Tomar vs Manoj Kumar Gupta on 17 February, 2025

Author: Avanindra Kumar Singh

Bench: Avanindra Kumar Singh

                                                                  1                              SA-877-2023
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                         SA No. 877 of 2023
                                          (GULAB SINGH TOMAR Vs MANOJ KUMAR GUPTA AND OTHERS )



                           Dated : 17-02-2025
                                 Shri Sudhanshu Kumar Singh - Advocate for the appellant.

                                 Record is received.
                                 Heard on admission.
                                 The First Civil Judge Class-II, Beohari, Distirict Shahdol in Regular
                           Civil Suit No.300033/2013 [Gulab Singh Tomar Vs. Manoj Kumar Gupta

                           and another] of appellant/plaintiff for declaration of title and possession of
                           the suit property and for cancellation of sale deed dated 18.7.2013 and for
                           permanent injunction vide judgment and decree dated 16.12.2022 partly
                           allowed the suit of the plaintiff.
                                 On an appeal by the defendant No.1 the learned first appellate Court
                           vide judgment and decree dated 14.3.2023 passed in RCA No.40/2022
                           [Manoj Kumar Gupta Vs. Gulab Singh and others] allowed the appeal and
                           dismissed the suit of the plaintiff.
                                 Learned counsel for the appellant submitted that appellate Court has

                           drawn wrong inference that document (Exhibit-P/17) which was mutual
                           family settlement was unreliable due to difference signatures without any
                           examination and calling for an expert opinion.
                                 Considered the submissions. The appeal seems to be arguable. It is
                           admitted on the following substantial question of law:-




Signature Not Verified
Signed by: RAJESH
MAMTANI
Signing time: 20-02-2025
11:24:13
                                                              2                                  SA-877-2023
                                      "Whether the learned lower appellate Court has wrongly
                                      drawn inference that document Exhibit-P/17 can be held
                                      unreliable due to different signature without any expert
                                      opinion?"
                                 On payment of process fee by RAD mode within 10 working days
                           issuer notice to respondents no.1 & 2.

Also considered I.A.No.5515/2023, an application for stay. Considering facts and circumstances of the case it is directed that parties shall maintain status quo as it exists today regarding the suit property till next date of hearing.

List this case after report regarding service of notice is received.

(AVANINDRA KUMAR SINGH) JUDGE

RM