Gurmail Singh vs Ajmer Singh
2022 Latest Caselaw 5049 Chatt

                                            1

                   HIGH COURT OF CHHATTISGARH, BILASPUR

                                     Order Sheet

                                     SA No. 188 of 2022

1. Gurmail Singh S/o Late Gurucharan Singh Aged About 60 Years R/o Farmer House,
   Guru Nanak Nagar, Raipur, District Raipur, Chhattisgarh.

2. Jaspal Singh, S/o Shri Gurmail Singh, Aged About 33 Years R/o Farmer House, Guru
   Nanak Nagar, Raipur, District Raipur, Chhattisgarh.

3. Gurpreet Singh S/o Shri Gurmail Singh Aged About 30 Years R/o Farmer House, Guru
   Nanak Nagar, Raipur, District Raipur, Chhattisgarh.                      ---- Appellants

                                        Versus

1. Ajmer Singh S/o Rajjan Singh, Aged About 82 Years R/o Near Gurudwara, Shyam Nagar,
   Raipur, Chhattisgarh.

2. Smt. Kulwant Kaur, S/o Ramchandra, Aged About 68 Years R/o Near Gurudwara, Shyam
   Nagar, Raipur, Chhattisgarh.                                        ---- Respondents

05.08.2022 Mr. B.P. Sharma, counsel for the appellant/s.

Ms. Prachi Singh, counsel for the respondents.

Heard on admission.

Perused the judgments of both the Courts below and also perused

the evidence adduced by both the parties before the trial Court.

On due consideration, the appeal is admitted for final hearing on the

following substantial question of law:-

"A. Whether both the Courts below were justified in holding that on

the basis of deed of exchange i.e. Ex. P-9 & P-11, title of the suit land has

not passed in favour of the appellants/plaintiffs?"

As Ms. Prachi Singh, Advocate enters her appearance on behalf of

the respondents, therefore, there is no need to issue fresh notice.

Also heard on application (I.A. No.1) for grant of stay.

Learned counsel for the respondents prays for and is granted four

weeks' time to file reply.

Considering the fact that both the Courts below opined that the

plaintiffs/appellants are in possession of the suit property, therefore, it is

directed that till the next date of hearing, both the parties shall maintain

status quo of the suit property as it exists today.

List the matter after four weeks.

Sd/-

(Arvind Singh Chandel) Judge

Ravi