Sharad vs Pushparani
2025 Latest Caselaw 2596 MP

Madhya Pradesh High Court

Sharad vs Pushparani on 9 January, 2025

Author: Avanindra Kumar Singh

Bench: Avanindra Kumar Singh

                                                                 1                                SA-1012-2016
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                          SA No. 1012 of 2016
                                                 (SHARAD AND OTHERS Vs PUSHPARANI AND OTHERS )



                           Dated : 09-01-2025
                                 Shri Sheersh Agrawal - Advocate for the appellants.
                                 Shri Vijay Kumar Pandey - Deputy Government Advocate for the
                           respondent/State.

Learned counsel for the appellants submits that there is a concurrent findings against the defendants/appellants.

As record is received.

Heard on admission.

It is submitted that there was no evidence placed on record by the respondents/plaintiffs regarding land gifted by the Narbadi Bai to late Anil Kumar and when no partition took place between co-parcners but decree was granted to the respondents/plaintiffs denying the right and title of the defendant over the suit property situated at Bheempur Tehsil Bahinsdehi District Betul. It is fairly submitted that there was no counter claim filed by the appellants/defendants. It is further submitted that Narbadi Bai has no right to gift the land to Anil Kumar, father of the plaintiff as the property was an ancestral property.

Learned counsel for the appellants relied on the judgment of Hon'ble Supreme Court in the case of P. Kishore Kumar vs. Vittal K. Patkar, 2023 LiveLaw (SC) 999.

Reserved for orders on admission.

(AVANINDRA KUMAR SINGH) JUDGE

2 SA-1012-2016 mc