Chain Singh vs Tehsildar, Keshkal
2021 Latest Caselaw 3245 Chatt

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                       HIGH COURT OF CHHATTISGARH, BILASPUR
                                            Order Sheet
                                       SA No. 177 of 2019
                 Chainsingh & Others Versus Tehsildar, Keshkal and Others



18.11.2021

Mr. Shobhit Kostha, Advocate for the Appellants.

Mr. Samir Sharma, Dy. G. A. for the State.

The instant second appeal has been filed assailing the order Passed by the First Appellate Court, Kondagaon in Civil Appeal No. 13-A/2016 on 27.11.2018, by which the learned Appellate Court has affirmed the judgment and decree of trial Court in Civil Suit No. 14-A/2011 passed on 11.11.2016. The learned trial Court has granted decree of title to the plaintiff/appellant over the suit land but the relief so far as sought by the appellant for grant of permanent injunction has been disallowed.

The learned counsel for the appellant would submit that during penency of the appeal, the concerned authority has issued the notice to the appellant and a spot inspection was carried out on 15.11.2021 and thereafter the authorities have directed him to remove the fencing situated at the suit land.

From the record it is shows that in the proceeding before the trial Court as well as before the appellate Court patta which was granted for the alleged suit land has not been produced. For examining the issue raised in the petition, patta granted in favour of the appellant is very essential. Therefore, the learned State counsel is directed to produce the copy of the patta of the alleged suit land before 14th day of December, 2021.

List this case for further hearing on 14th of December, 2021

Meanwhile, the status-quo with regard to the property as it exists today shall

remain maintain till the next date of hearing.

Certified copy today.

Sd/-

(Narendra Kumar Vyas) Judge

Amita