Tijau Ram Sahu vs Ram Prasad
2021 Latest Caselaw 511 Chatt

                    HIGH COURT OF CHHATTISGARH, BILASPUR

                                        Order Sheet

                                   SA No. 482 of 2016

                      Tijau Ram Sahu Versus Ram Prasad & Ors.

SB
Hon'ble Shri Justice Sanjay K. Agrawal




       23.06.2021         Proceedings of this matter have been taken up through
                    video conferencing.

                          Mr. N.K. Malviya, counsel for the appellant.

                          Mr.   Ratnesh     Kumar     Agrawal,     counsel    for   the
                    respondents.

Heard on admission and formulation of substantial question of law.

This second appeal is admitted and shall be heard on the following substantial question of law :-

"Whether the first appellate Court was justified in reversing the judgment and decree passed by the trial Court by recording a finding which is perverse and contrary to the record ?

Issue notice to the respondents.

Mr. Ratnesh Kumar Agrawal, on instructions, accepts notice on behalf of the respondents. Let a copy of memo of appeal along with a copy of substantial question of law be served to him within seven days from today.

Also heard on I.A. No. 1, application for stay.

Since the appellant/plaintiff is not in possession and defendants are in possession of the suit property, no interim order can be granted restraining construction. However, any construction made shall be subject to final outcome of this second appeal.

Accordingly, I.A. No. 1 stands disposed of.

Certified copy as per rules.

Sd/-

(Sanjay K. Agrawal) Judge

Harneet