Badal Bala vs Smt. Laxmi Bala
2021 Latest Caselaw 2553 Chatt

                   HIGH COURT OF CHHATTISGARH, BILASPUR

                                        Order Sheet

                                      SA No. 22 of 2018

                         Badal Bala Versus Smt. Laxmi Bala & Ors.

SB
Hon'ble Shri Justice Sanjay K. Agrawal




24.09.2021         Mr. Somnath Verma, counsel for the appellant / defendant No.2.

                   Mr. Siddharth Dubey, Dy. G.A. for the State/respondent No.2.

Heard on admission and formulation of substantial question of law.

This second appeal is admitted and shall be heard on the following

substantial questions of law :-

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

2. Whether the first appellate Court was justified in granting decree for possession, whereas, decree for possession has not been claimed by the plaintiffs in suit filed before the trial Court, by recording a finding which is perverse to the record?

3. Whether the first appellate Court was justified in granting decree for permanent injunction without holding that the plaintiffs are not in possession as the decree for possession has been granted by impugned judgment in favour of the plaintiffs?"

Issue notice to the respondents alongwith copy of substantial question

of law. P.F. be paid within seven days.

Also heard on I.A. No.1, application under Order 41 Rule 5 of the CPC.

Issue notice to the respondents on I.A. No.1, as above.

Meanwhile, decree for possession shall remain stayed till the next date

of hearing.

List the matter along with SA No.32/2018.

Certified copy as per rules.

Sd/-

(Sanjay K. Agrawal) Judge

Ankit