Keshav Prasad Sahu vs Natthulal Sahu
2021 Latest Caselaw 3576 Chatt

             T O HIGH COURT OF CHHATTISGARH, BILASPUR
                                  Order Sheet
                              SA No. 153 of 2021
                 Keshav Prasad Sahu Versus Natthulal Sahu

                                 SA/250/2020,




08.12.2021         Mr. Yogendra Chaturvedi, Counsel for the appellant.

                   Mr. Aditya Sharma, P. L. for the State.

                   Mr. R. R. Soni, Counsel for respondents No. 7 and 8.

Mr. Faiz Kazi, Counsel for respective respondent.

The appellant has filed present second appeal aggrieved with the

judgment and decree passed by First Appellate Court wherein the

judgment and decree passed by the trial Court has been modified

adversely affecting the right of present appellant, therefore, he has filed

second appeal. It was objected by learned counsel for other respondents,

that the second appeal is not maintainable.

When this question posed to the learned counsel for the appellant

then learned Senior counsel Mr. Prafull Bharat assist this Court and

would submit that since his right has been adversely affected by First

Appellate Court, therefore, he may be called as aggrieved person as he

was satisfied with the judgment and decree passed by trial Court which

was adversely changed by First Appellate Court to the interest of the

present appellant, therefore, second appeal is maintainable.

The objection raised by learned counsel for respondent is rejected

now the appeal will be listed on admission.

After hearing for a long time when a specific question put on

perversity recorded by the First Appellate Court, learned counsel for the appellant seeks two weeks time to go through with the evidence recorded

before the trial Court to establish the perversity.

List this case in the 1st week of January, 2022.

Interim relief granted earlier to continue till the next date of

hearing.

Sd/-

(Narendra Kumar Vyas)

Judge

parul