Mangtu Ram vs Budhanteen
2022 Latest Caselaw 7297 Chatt

                                               1



                      HIGH COURT OF CHHATTISGARH, BILASPUR
                                        Order Sheet,
                                     SA No. 614 of 2018
 1. Mangtu Ram S/o Dhusiram Aged About 71 Years R/o Kararmeta, Tahsil - Keshkal,
    District - Kondagaon, Chhattisgarh, District : Kondagaon, Chhattisgarh

 2. Dhallu S/o Gando Aged About 51 Years R/o Kararmeta, Tahsil Keshkal, District -
    Kondagaon, Chhattisgarh, District : Kondagaon, Chhattisgarh

                                                           ---- Appellants/Defendants No. 1 & 2

                                           Versus

 1. Budhanteen S/o Chamru Aged About 56 Years R/o Kararmeta, Tahsil - Keshkal, District
    Kondagaon, Chhattisgarh, District : Kondagaon, Chhattisgarh (Plaintiff)

 2. State Of Chhattisgarh Through District Collector, Kondagaon, Chhattisgarh, District :
    Kondagaon, Chhattisgarh (Defendant No.3)

                                                                              ---- Respondents

05.12.2022 Shri R.S.Patel, counsel for the appellants.

Shri Sanjay Pathak, P.L. for the State/respondent No.2.

Heard on admission.

This appeal is admitted on the following substantial question of law:

"Whether the first appellate Court was justified in dismissing the appeal of the appellants/defendants by rejecting the application for condonation of delay holding that sufficient cause has not been shown for 11 days' delay in filing the appeal?"

Issue notice to the respondents, on payment of P.F. as per rules.

Also heard on I.A.No.01/2018, an application filed under Order 39 Rule 1

& 2 of the C.P.C.

Shri R.S.Patel does not want to press this application, which is dismissed

as not pressed and disposed of accordingly.

Heard on I.A.No. 02/2022, an application filed under Order 41 Rule 5 of

the Code of Civil Procedure, 1908 seeking stay of the effect and operation of the

impugned judgment and decree dated 10.10.2017 passed by the Civil Judge,

Class-2, Keshkal, District Kondagaon (C.G.) in Civil Suit No. 07-A/2016.

Let notice of this application be also issued to the respondents as above.

Meanwhile, purely as an interim measure, it is directed that the effect and

operation of the impugned judgment and decree dated 10.10.2017 passed by

the Civil Judge, Class-2, Keshkal, District Kondagaon (C.G.) in Civil Suit No. 07-

A/2016 shall remain stayed till the next date of hearing subject to appellants'

furnishing the security amount of Rs.25,000/- before the concerned trial Court for

due performance of the decree ultimately to be passed by this Court.

Post this matter after 5 weeks for consideration on I.A.No. 02/2022.

Sd/-

(Sanjay S. Agrawal) Judge

Anjani