Gokaran vs Bhagwat And Ors
2021 Latest Caselaw 3353 Chatt

             T O HIGH COURT OF CHHATTISGARH, BILASPUR
                                  Order Sheet
                              SA No. 396 of 2012
                      Gokaran Versus Bhagwat And Ors.




29.11.2021          Mr. Himanshu Pandey, Counsel for the appellant.

                    Mr. Sanjeev Kumar Agrawal, Counsel for the State.

                    Heard.

                    Admit.

                    Learned counsel for the appellant would submit that the trial Court
             has committed illegality in dismissing the suit on the count that the trial
             Court has recorded its findings that though the defendant No.1, 3 and 4
             are illegimate son, still they are entitled to hold the property and
             defendant No.2 is not legally wedded wife of deceased still the trial Court
             has dismissed the suit. Against that order judgment and decree passed
             by trial Court, an appeal was preferred before the First appellate Court,
             the same has also been dismissed.

                    The appeal is admitted on following substantial question of law
             whether the trial Court is justified in granting the share of property owned
             by Bahoran by defendant No.2 Sirwantin Bai who is not legally wedded
             wife by dismissing the suit, ignoring the provisions of Section 16 of Hindu
             Marriage Act as well as Section 8 of Hindu Succession Act?

                    Issue notice to respondents by registered mode as well as

ordinary mode.

Copy of the order be also annexed with the notice to be issued to respondents.

List this case after 6 weeks.

Sd/-

(Narendra Kumar Vyas) Judge parul