Parmeshwar Sahu vs Shamanlal Sahu
2022 Latest Caselaw 7204 Chatt

                                                                          NAFR
              HIGH COURT OF CHHATTISGARH, BILASPUR

                              SA No. 574 of 2022

    Parmeshwar Sahu S/o Late Rewaram Sahu Aged About 42 Years R/o
     Rajeem, Police Station And Tahsil Rajeem, District Gariyaband (C.G.)

                                                                  ---- Appellant

                                   Versus

  1. Shamanlal Sahu S/o Late Rewaram Sahu R/o Village Bhendari, Tahsil
     Rajeem, District Gariyaband (C.G.)

  2. Smt. Taruna Devi Sahu W/o Late Rewaram Sahu R/o Ward No. 2, Mela
     Maidan, Rajeem Tahsil Rajeem, District Gariyaband (C.G.)

  3. Smt. Suman Sahu D/o Late Rewaram Sahu W/o Lokesh Sahu, Resident
     Of Raipur, District Raipur (C.G.)

  4. Khilesh Kumar Sahu S/o Late Rewaram Sahu R/o Rajeem, Tahsil Rajeem,
     District Gariyaband (C.G.)

  5. Kuldeep Sahu S/o Late Rewaram Sahu R/o Rajeem, Tahsil Rajeem,
     District Gariyaband (C.G.)

                                                               ---- Respondents

For Appellant : Mr. Shikhar Sharma, Advocate For State : Mr. Ravi Maheshwari, P.L.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board

01.12.2022

1. Learned counsel for the appellant submits that against the order dated

31.10.2019 passed by Civil Judge, Class-I, Gariyaband in Succession

Case No. 5/2013, instead of filing miscellaneous appeal, regular appeal

has been filed by the appellant before the First Appellate Court which has

been entertained by the learned Court below as first appeal and decided

vide its judgment dated 07.09.2022, therefore, this second appeal has

been filed.

2. As contained in Section 384 (3) of Indian Succession Act, 1925 against

the order passed by the District Judge, only revision shall lie.

3. Looking to the above, learned counsel for the appellant submits that he

wants to withdraw this appeal. However, he seeks liberty to file a fresh duly

constituted revision before the appropriate Bench.

4. With the aforesaid liberty, this appeal is dismissed as withdrawn.

5. Certified copy submitted by counsel for the appellant be returned back to

him after obtaining photocopies of the same.

Sd/-

(Arvind Singh Chandel) Judge

Saurabh