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2024 Supreme(Online)(MP) 38719

HIGH COURT OF MADHYA PRADESH
SHRI JUSTICE SANJAY DWIVEDI, J
Kishan Yadav & Ors – Appellant
Versus
Hariprasad & Ors – Respondent


Advocates:
Mohd.Qasim,S.Aditya,Ml.Kushwaha,Rahul Singh, Vinod Kushwaha

JUDGMENT

Since b oth the appeals have been filed by different sets of parties challenging the common impugned judgment and decree dated 28.06.2004 passed by the First Appellate Court deciding two regular civil appeals bearing Nos. 8-A/2004 and 9-A/2004 and therefore, they are being decided by this common judgment.

2. Appellants have filed these appeals under Section 100 of the Code of Civil Procedure. This Court vide order dated 02.03.2020 admitted the appeals on the following substantial questions of law:-

“A. Whether the first appellate court was legally justified in reversing the finding of the trial Court that the plaintiff/respondents were only entitled to 1/4th share in the suit lands which belonged to Moolchand?

B. Whether the Courts below were legally justified in holding that the sale-deeds of the suit lands executed in favour of the defendant/appellants by the L.Rs. of the remaining three brothers of Moolchand were void even to the extent of their 3/4th share in the suit property?

C. Whether the first appellate court was legally justified in holding that the plaintiff/respondents had got Bhumiswami rights over the suit lands under Section 190 of the MPLR Code, specially when t

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