Madhya Pradesh High Court
Omkar Singh vs Suraj Singh on 29 October, 2021
Author: Rajeev Kumar Dubey
Bench: Rajeev Kumar Dubey
1 SA-1203-2021
The High Court Of Madhya Pradesh
SA No. 1203 of 2021
(OMKAR SINGH AND OTHERS Vs SURAJ SINGH AND OTHERS)
3
Jabalpur, Dated : 29-10-2021
Shri D.K. Upadhyay, learned counsel for the appellants.
None for the respondents.
Perused the record.
Heard on the question of admission.
This appeal has been filed against the judgment and decree dated 31.08.2021 passed by Principal District Judge, Dindori Distirct Dindori in Regular Civil Appeal No.09-A/2021 whereby learned Principal District Judge allowed the appeal of the respondents/plaintiffs and reversed the judgment and decree dated 30.01.2021 passed by First Civil Judge Class-II, Dindori District Dindori (M.P) in Civil Suit No.41-A/2017 whereby learned Civil Judge dismissed the suit of the respondents/plaintiffs.
The appeal seems to be arguable, hence it is admitted for final hearing on the following substantial question of law :-
"Whether the learned Lower Appellate Court is justifying in reversing the judgment and decree of the trial Court and decreed the suit on the basis of oral evidence of the plaintiffs in respect of ownership and possession of the suit land, inspite of the facts that no documentary evidence was produced by the plaintiffs in that regard" ?
On payment of P.F. within seven days, notice be issued to the respondents. Notice be made returnable within four weeks.
A s an interim measure, execution of judgment and decree dated 31.08.2021 passed by the Principal District Judge, Dindori in regular Civil Appeal No.09/2021 shall remain stayed till the next date of hearing.Signature Not Verified
List after four weeks or service of notice, whichever is earlier.SAN Digitally signed by MANOJ NAIR Date: 2021.10.29 17:36:04 IST
2 SA-1203-2021 Certified copy as per rules.
(RAJEEV KUMAR DUBEY) JUDGE mn Signature Not Verified SAN Digitally signed by MANOJ NAIR Date: 2021.10.29 17:36:04 IST