Madhya Pradesh High Court
Narayan Kishore (Dead) Thr. Lrs Satila ... vs Jagannath (Dead) Thr. Lrs Survarniya on 29 August, 2020
Author: Mohammed Fahim Anwar
Bench: Mohammed Fahim Anwar
1 SA-1001-2020
The High Court Of Madhya Pradesh
SA-1001-2020
(NARAYAN KISHORE (DEAD) THR. LRS SATILA DEVI AND OTHERS Vs JAGANNATH (DEAD) THR. LRS
SURVARNIYA AND OTHERS)
3
Jabalpur, Dated : 29-08-2020
Heard through Video Conferencing.
Shri Siddharth Sharma, learned counsel for the appellants.
Shri S.S.Chadar, learned P.L. for respondent No.9/State.
None for other respondents although caveat has filed on behalf of the respondents No.1 (i) to 1(viii) by Shri Hari Narayan Mishra, Advocate.
Learned counsel for Caveators is not appearing today. On the last dates of hearing i.e. on 13/07/2020 and 21/08/2020 also no one appeared on behalf of Caveators.
Learned counsel for the appellant submits that he has already served the copy of memo of appeal along with annexures to Shri Hari Narayan Mishra, learned counsel for caveators.
Record of the Courts below is available. Heard on the question of admission.
The appeal is admitted for final hearing on the following substantial questions of law :-
"1.Whether in the facts and circumstances of the case, the decree passed by the trial Court is a nullity, as findings arrived at by the trial Court are perverse findings and contrary to law ?
2. Whether the appellate Court has erred in law and facts by holding that Section 15 of the Hindu Succession Act, 1956 is applicable in respect of the land covered under Schedule-A appended to the plaint ?
3. Whether in the facts and circumstances of the Signature Not Verified SAN case, the suit was barred by limitation, keeping in view Digitally signed by MANJU CHOUKSEY Date: 2020.08.31 15:56:26 IST
2 SA-1001-2020 Articles 65 and 58 of the Limitation Act ?"
Let notice be issued on the substantial questions of law to the respondents No. 2 to 5 on payments of process fee within a period of one week.
Learned counsel for the appellant is directed to serve the copy of substantial questions of law to the counsel appearing on behalf of caveators.
Interim order passed on 13/07/2020 shall continue to remain in operation, till next date of hearing.
List the matter after four weeks.
Certified copy as per rules.
(MOHD. FAHIM ANWAR) JUDGE manju Signature Not Verified SAN Digitally signed by MANJU CHOUKSEY Date: 2020.08.31 15:56:26 IST