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HIGH COURT OF MADHYA PRADESH
,
Smt. Vimla Bai D/O Kamarlal W/O Gopal Kushwah Thr. Power Of Attorney Holder Rahul Kushwah – Appellant
Versus
Ramsnehi – Respondent
| Table of Content |
|---|
| 1. the case involves a challenge to partition orders based on procedural fairness. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. arguments presented highlight violations of natural justice and misrepresentation. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 3. court observations emphasize the need for adherence to natural justice. (Para 17 , 18 , 19 , 20 , 21 , 22 , 27) |
| 4. court's reasoning centers on the principle that fraud invalidates judicial proceedings. (Para 23 , 24 , 25 , 26) |
| 5. the final conclusion remits the case for fresh adjudication based on findings. (Para 28) |
ORDER
The instant petition under Article 226 of the Constitution of India has been preferred against the order dated 25.10.2019 passed by Tehsildar in partition case No.72/2019-20/A-27, order dated 23.03.2020 passed by SDO, Shivpuri in Appeal No.148/2019-20 and order dated 20.01.2022 passed by Additional Commissioner in Second Appeal No.417/2020-21, whereby initially Tehsildar had allowed an application under Section 178 of MPLRC for partition preferred at the instance of the present respondents no.1 to 4 and the said orders were affirmed by the SDO and the Additional Commissioner and the appeals preferred b
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