Mannu Sahu vs Smt. Lagni Bai
2022 Latest Caselaw 4482 Chatt

                                            1

                   HIGH COURT OF CHHATTISGARH, BILASPUR

                                      Order Sheet

                                      SA No. 360 of 2022

1. Mannu Sahu S/o Punu Sahu Aged About 53 Years R/o. Village Daniyakhurd, Tahsil S.
   Lohara, District Kabirdham, Chhattisgarh.

2. Mansingh S/o Punu Sahu Aged About 43 Years R/o. Village Daniyakhurd, Tahsil S.
   Lohara, District Kabirdham, Chhattisgarh.                                 ---- Appellants

                                        Versus

1. Smt. Lagni Bai Wd/o. Gariba Yadav Aged About 68 Years R/o. Village Daniyakhurd,
   Tahsil S. Lohara, District Kabirdham, Chhattisgarh.

2. State Of Chhattisgarh, Through Collector, District Kabirdham, Chhattisgarh.

3. Fuleshar W/o. Lagwa Sahu Aged About 39 Years R/o Village Mohtara, Tahsil Saja,
   District Bemetara, Chhattisgarh.

4. Fuliya Bai W/o Santosh Sahu, Aged About 37 Years R/o Village Karesara, Tahsil S.
   Lohara, District Kabirdham, Chhattisgarh.

5. Smt. Bhuri W/o Pusau Sahu, Aged About 70 Years R/o Village Karesara, Tahsil S.
   Lohara, District Kabirdham, Chhattisgarh.                          ---- Respondents

14.07.2022 Mr. Dharmesh Shrivastava, counsel for the appellant/s.

Mr. Avinash K. Mishra, G.A. for the State/respondent No.2.

Heard on admission.

Perused the judgments of both the Courts below and also perused

the evidence adduced by both the parties before the trial Court.

On due consideration, the appeal is admitted for final hearing on the

following substantial questions of law:-

"A. Whether both the Courts below have justified in holding that the plaintiff is a legally wife of Punuram, whereas she is married with one Gariba Yadav?

B. Whether both the Courts below have justified in holding that the plaintiff is entitle to receive 1/5 th share from the suit property described in Appendix-A attached with the plaint being a legally wedded wife of Punuram?"

Issue notice to respondents No.1&3 to 5 along with copy of

substantial question of law.

Also heard on application (I.A. No.1/2022) under Order 41 Rule 5 of

CPC.

Issue notice to respondents No.1&3 to 5 also on this application (I.A.

No.1/2022).

P.F. be paid as per rules.

In the meantime, it is directed that both the parties shall maintain

status quo of the suit property till the next date of hearing.

Sd/-

(Arvind Singh Chandel) Judge

Ravi