Citation : 2022 Latest Caselaw 7348 Chatt
Judgement Date : 6 December, 2022
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet,
SA No. 181 of 2020
Bhagwan Das Modi Versus Ashok Kumar
06.12.2022 Shri Shobhit Koshta, counsel for the appellant.
Shri Neeraj Pradhan, P.L. for the State/respondent No.4.
Heard on admission.
This appeal is admitted on the following substantial question of law:
"Whether the lower appellate Court has committed an illegality in reversing the finding of the trial Court while disbelieving the possession warrant (Ex.P.4) issued in pursuance of the ex parte judgment and decree dated 30.01.1968 passed in Civil Suit No. 03- A/1965 "Bhagwan Das vs. Kishanlal Modi and another" showing plaintiff's possession, is perverse?"
Issue notice to the respondents on payment of P.F. as per rules.
Also heard on I.A.No.01/2020, an application filed under Order 39 Rule 1 &
2 of the Code of Civil Procedure, 1908, praying for grant of injunction in order to
maintain status quo with regard to the property in question, pending decision of
this appeal.
Let notice of this application be also issued to the respondents, as above.
Post this matter after 5 weeks for consideration on I.A.No.01/2020.
Sd/-
(Sanjay S. Agrawal) Judge
Anjani
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