Dulari Bai Dewangan vs Jagdish Lal Dewangan
2022 Latest Caselaw 392 Chatt

Citation : 2022 Latest Caselaw 392 Chatt
Judgement Date : 24 January, 2022

Chattisgarh High Court

Dulari Bai Dewangan vs Jagdish Lal Dewangan on 24 January, 2022

             HIGH COURT OF CHHATTISGARH, BILASPUR
                                   Order Sheet
                               SA No. 357 of 2021
               Dulari Bai Dewangan Versus Jagdish Lal Dewangan




24-01-2022         Mr. Parag Kotecha, counsel for the appellant.
                   Mrs. Usha Chandrakar, Panel Lawyer for respondent

No.2 State.

Heard on admission.

Learned counsel for the appellant would submit that this second appeal is filed by the defendant. He would further submit that the plaintiff has filed a suit for declaration of title and permanent injunction that he is the sole title owner of the suit land measuring 22.53 acres situated at village Kanhe. He would further submit that the defendant has also filed counter claim appeal against rejection of the counter claim which has been dismissed by the trial court. The trial court vide judgment dated 1-12-2021 allowed the appeal filed by the plaintiff and held that the plaintiff is the title owner of suit property measuring 22.53 acres situated at village Kanhe. He would further submit that the First Appellate Court has allowed the appeal on the count that the issue with regard to entitlement of illegitimate child is pending consideration before the larger Bench of Hon'ble the Supreme Court.

The appeal is arguable. The appeal is admitted on the following substantial question of law.

"Whether the First Appellate Court was justified in reversing the judgment and decree when the issue with regard to entitlement of illegitimate child is pending consideration before the larger Bench of Hon'ble Supreme Court?.

On payment of process fee within one week, issue notice to respondent No.1 along with copy of this order. Notice be made returnable within six weeks.

Also heard on I.A.No. 1 of 2021 which is an application for grant of stay.

Considering the fact that since the entitlement of plaintiff as well as defendant is to be examined by this court, it is directed that the status quo with regard to suit property as it exists today shall be maintained and parties shall be restrained from further alienating the suit property, till the next date of hearing.

Certified copy as per rules.

Sd/-

(Narendra Kumar Vyas) Judge

Raju