Gopal Das vs Kaushilya Bai
2021 Latest Caselaw 3757 Chatt

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                         HIGH COURT OF CHHATTISGARH, BILASPUR
                                               Order Sheet
                                             SA No. 683 of 2017
                                  Gopal Das Versus Kaushilya Bai and Others




16.12.2021         Mr. Ravindra Agrawal, Advocate for the Appellants.

                   Ms. Anjali Singh Chauhan, P. L. for the State.

                   Heard on I. A. No. 01/2017, application for condonation of delay of three days in
             filing the appeal.

                   Learned counsel for the appellant would submit that inadvertently there is three
             days of delay in filing the instant appeal.

                   Considering the submission made by learned counsel for the appellant and the
             reasons assigned in the application, the delay of three days in filing the appeal is
             condoned. Accordingly, the I. A. No. 01/2017 is allowed.

                   During midst of the argument, learned counsel for the appellant would submit
             that earlier one Civil suit bearing No. 177/2005 was decreed in favour of the appellant
             by granting decree of possession and against that the respondent have preferred First

appeal bearing appeal No. 18-A/2001 the said appeal was allowed by the judgment and decree dated 08.12.2008, recorded a finding that without claiming declaration of title partition suit for possession is not maintainable. The subsequent suit was filed by the appellant for the possession, title and partition.

When a specific quarry was posed to the learned counsel for the appellant that whether the subsequent suit is maintainable by removing the defects as pointed out by the trial Court as well as by the First Appellate Court, he prays for three weeks' time to make further submission in that regard.

As prayed, list this case after three weeks.

Sd/--

(Narendra Kumar Vyas) Judge

Amita