Urmila vs Ram Lal
2022 Latest Caselaw 7669 Chatt

Citation : 2022 Latest Caselaw 7669 Chatt
Judgement Date : 20 December, 2022

Chattisgarh High Court

Urmila vs Ram Lal on 20 December, 2022

                                                1

                        HIGH COURT OF CHHATTISGARH, BILASPUR

                                          Order Sheet

                                       SA No.241 of 2022

                        Urmila and others Versus Ram Lal and another




20/12/2022         Shri Ravindra Agrawal, counsel for the appellants.

                   Shri Amit Kumar Sahu along with Shri Rajkumar Pali, counsel for
             respondent No.1.

Shri Ravi Pal Maheshwari, Panel Lawyer for the State/Respondent No.2.

Heard on admission.

This appeal is admitted for hearing on the following substantial questions of law:-

(1) "Whether finding of the Courts below holding that the plaintiff- Ram Lal has acquired his ownership with regard to the property in question based upon the lease deed dated 06.08.1979 (Ex.P-3) issed in his favour in "Form-E" in Revenue Case No,1/A/19/1978- 79, is perverse?"

(2) "Whether the plaintiff is estopped from saying that the suit property is not the ancestral property of all the brothers having title over it, in view of his admission (Ex.D-3) made before the Tahsildar Manendragarh in Revenue Case No.37/A-6/2001-02?"

No notice is required to be issued as respondents have already marked their appearances through their counsel.

Learned counsel for the appellants is directed to supply the substantial questions of law as framed to the learned counsel for the Respondents within a period of 15 days from today.

Also heard on I.A.No.1 of 2022, an application under Order 41 Rule 5 of Code of Civil Procedure, 1908 for grant of interim relief.

On due consideration, the application is allowed and it is directed that the effect and operation of the impugned judgment and decree dated 22.02.2022

passed by the First Additional District Judge, Manendragarh, District Koriya in Civil Appeal No.35-A/2018 shall remain stayed until further orders, subject to appellants' furnishing security amount of Rs.25,000/- before the concerned Executing Court within a period of 45 days from today for due performance of the decree ultimately to be passed by this Court.

I.A.No.1 of 2022, thus, stands disposed of.

Post this matter for final hearing in its turn.

Certified copy, as per rules.

SD/-

(Sanjay S. Agrawal) Judge

Tumane