Parvati Bai (Dead) Through Legal ... vs Durga Charan
2021 Latest Caselaw 3116 Chatt

                HIGH COURT OF CHHATTISGARH, BILASPUR

                                    Order Sheet

                                SA No. 280 of 2021

             Parvati Bai (Dead) through Lrs. Vs. Durga Charan & others




11.11.2021         Mr. Rakesh Pandey, counsel for the appellants.
                   Mrs. Smita Jha, Panel Lawyer for the State/ respondent No. 4.

Learned counsel for the appellants would submit that the present appeal has been filed against judgment and decree passed in the counter case, wherein counter case filed by defendant No. 2 was dismissed by the trial Court and allowed by the appellate Court, therefore, the present appellants have filed present appeal and Second Appeal No. 339 of 2020 has also been filed by the same appellants against dismissal of their suit. He would further submit that both the appeals are maintainable and he prays for hearing of both the cases together.

Learned counsel for the appellants relied upon the judgment passed by Hon'ble the Supreme Court in Rajni Rani & another Vs. Khairati Lal & others reported in (2015) 2 SCC 682.

There is 507 days delay in filing the instant second appeal, the same shall be considered by this Court on the next date of hearing.

List this case after two weeks along with SA No. 339 of 2020.

Sd/-

(Narendra Kumar Vyas) Judge

Arun