Kunj Bihari vs Vijay Kumar Agrawal (Now ...
2021 Latest Caselaw 1756 Chatt

                  HIGH COURT OF CHHATTISGARH, BILASPUR
                                         Order Sheet
                                     REVP No. 73 of 2021
 Kunj Bihari and others Versus Vijay Kumar Agrawal (Now Deceased) Through Lrs. Ginni
                                   Agrawal and others



12/08/2021          Shri Ravindra Shrivastava, Senior Advocate with Shri Goutam Khetrapal,
             Advocate for the petitioners.
                    Heard on admission.
                    It is submitted by learned senior counsel for the petitioners that Civil Suit
             No.89A/1989 has been dismissed on the ground that it was barred by limitation.
             This judgment and decree was upheld by the first appellate Court and this Court
             has while deciding the second appeal upheld similarly and dismissed the second
             appeal.
                    Reliance has been placed on the judgment of Hon'ble the Supreme Court
             in the matter of Singh Ram (dead) through Legal Representatives Vs. Sheo
             Ram and others, (2014) 9 SCC 185. It is submitted that in the case of
             usufructurary mortgage under Section 62 of the Transfer of Property Act law of
             limitation is not applicable. Therefore, the review petition be admitted.
                    After considering on the submission made, it is ordered that notice be
             issued to the respondents on this petition and also on the application for

condonation of delay in filing this review petition.

P.F. as per rules.

Make the notice returnable within four weeks. List this case after four weeks.

Sd/-

(Rajendra Chandra Singh Samant) Judge

Aadil