Citation : 2022 Latest Caselaw 4918 Chatt
Judgement Date : 1 August, 2022
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
SA No. 343 of 2020
Rekha Bai Versus Rajkumar and Others
01.08.2022 Mr. M.D. Sharma, Counsel for the appellant.
Mr. Parag Kotecha, Counsel for the respondent No.1.
Mr. Avinash K. Mishra, G.A. for the State.
Heard on admission.
Perused both the judgments of Courts below and also
gone through the evidence adduced by the parties before the
Trial Court.
On due consideration, this appeal is admitted for final
hearing.
Substantial Question of law should be:
A. Whether, the First Appellate Court has committed
the illegality in holding that the respondent Abhishek
Agarwal, Megha Agarwal and Barkha Agarwal had no
coparcenery interest along with respondent No.1 in the
coparcenery property as the partition had taken place?
Issue notice to the respondents No. 2 to 8.
PF as per rules.
Also heard I.A. No. 1 of 2020, an application under Order
41 Rule 5 of C.P.C. for Stay.
Issue notice on this to the respondents No. 2 to 8.
Counsel for the respondent No.1 prays for and is granted
two week's time to submit reply.
List this case after four weeks along with SA No. 137 of
2020 and SA No. 345 of 2020.
Meanwhile, both the parties are directed to maintain
status quo of the suit property as on date till the next date of
hearing.
Sd/-
(Arvind Singh Chandel) Judge
Saurabh
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