State Of M.P. & Anr vs Anshuman Shukla on 12 May, 2008
39. The Full Bench of our Court in Avtar Narain Behal was again
called upon to answer the question of maintainability of an LPA in the
context of an order originally passed by the District Judge in
proceedings instituted under the Indian Succession Act, 1925 and the
appeal which was decided by a Single Judge of the Court. We
similarly note that the decision in State of M.P. & Anr. v.
Anshuman Shukla27, rested on the provisions of the M.P.
Madhyashtam Adhikaran Adhiniyam, 1983 and which in terms of
27
(2008) 7 SCC 487
LPA 136/2023 & LPA 137/2023 Page 72 of 121
Signature Not Verified
Digitally Signed
By:NEHA
Signing Date:06.09.2023
16:50:56
Section 24 of the said enactment, by virtue of a deeming provision
clothed the Tribunal with the status of a civil court. Insofar, as the
judgment of the High Court of Madras in W.N. Alala Sundaram is
concerned, the proceeding arose from the orders passed on a suit
under the Tamil Nadu Hindu Religious and Charitable Endowments
Act, 1959, which came to be decreed by the Commissioner. Those
proceedings had been laid in terms of Section 70 of the aforenoted
enactment before the civil court.