THE HIGH COURT OF MADHYA PRADESH SA-347-2002 (SMT.PREMWATI Vs NARAYAN & ORS. )

Gwalior, Dated : 08-03-2018 Shri A.K.Jain, learned counsel for the appellants.

Shri K.S.Tomar, learned senior counsel with Shri Dinesh Baghel, learned counsel for the respondent No.1.

This Second Appeal has been filed by the plaintiff Mohanlal under Section 100 of the CPC being aggrieved by tehe judgment and decree dt.31.08.2001 passed by the 12th Additional District Judge, Gwalior in Civil Appeal No.24/2001 confirmring thereby the judgment and decree dt.24.07.1995 passed by the court of 6th Civil Judge Class II, Gwalior in Civil Suit No.236A/1994.

This appeal has been admithted vide order dt.11.02.2009 on the following substantial questions of law :-

"(i) Whether the Courts below have misdirected themselves in deciding the suit without giving specific finding about status of Dhanno Bai vis-a-vis Parma ?

(ii) Whether the judgment and decree of Courts below are vitiated due to misinterpreting g sub-clause (b) of Sub-section (2) of Section 15 of the Hindu Succession Act, 1956, which entitled the son of Dhanno Bai being deceased to inherit his mother's share devolved upon her after the death of Parma ?

(iii) Wheth