Smt. Sanvari Bai vs Smt. Sanupa Bai
2021 Latest Caselaw 3039 Chatt

Citation : 2021 Latest Caselaw 3039 Chatt
Judgement Date : 8 November, 2021

Chattisgarh High Court

Smt. Sanvari Bai vs Smt. Sanupa Bai on 8 November, 2021

                                                  1

                       HIGH COURT OF CHHATTISGARH, BILASPUR

                                             Order Sheet

                                     SA No. 184 of 2021

                          Smt. Sanvari Bai Versus Smt. Sanupa Bai

                                             SA/185/2021




08/11/2021         Mr. Rajeev Shrivastava, Senior Advocate along with Ms. Isha Jajodia,
             counsel for the appellant/s.


                   Mr. H.B. Agrawal, Senior Advocate along with Ms. Preeti Yadav,
             counsel for the respondents No.1 to 3.

Ms. Reena Singh, P.L. for the State.

Since both the appeals arise out of the same judgment and decree, they have been heard together.

Both the second appeals are admitted for hearing on the following substantial question of law:-

"(1) Whether the learned 1st Appellate Court is justified in granting 1/8th share of the suit land to the plaintiffs as mentioned in the schedule-1 of the suit on perverse finding that defendant No.1 failed to establish that he has utilized the sale consideration for welfare of family as karta of the joint Hindu family?

(2) Whether the learned 1st Appellate Court is justified in allowing the appeal without recording finding whether the purchasers are necessary party or not to the suit or without impleading them?"

Also heard on application (I.A.1/21) filed under Order 41 Rule 5 of CPC which are applications for grant of interim relief.

On due consideration, I.A. Nos. 1 of 2021 are allowed and it is directed that the execution proceedings pending before the Court below in Civil Appeal No.16-A/2021 may continue but no final order shall be passed and the respondents are restrained from further alienating suit land, till the next date of hearing.

Issue notice to the respondents along with copy of this order.

P.F. be paid as per rules.

Since learned State counsel appears and accepts notice, P.F. need not be paid for the State of C.G.

List the matter after six weeks.

                            /-                                 Sd/-
                                                  (Narendra Kumar Vyas)
                                                           Judge




Ravi