Rai Singh vs Pankin Bai
2022 Latest Caselaw 4554 Chatt

                                              1

                   HIGH COURT OF CHHATTISGARH, BILASPUR

                                      Order Sheet

                                     SA No. 326 of 2022

• Rai Singh S/o Shri Malechchha Aged About 76 Years Caste - Halba, R/o Village
  Dhobedand, Tahsil Daundi, District : Balod, Chhattisgarh.             ---- Appellant

                                        Versus

• Pankin Bai W/o Shri Phool Singh, D/o Shri Bisali, Aged About 72 Years R/o Village
  Majiyaal (Tamoda), Tahsil - Durgukondal, District : Kanker, Chhattisgarh.

• State Of Chhattisgarh Through Collector, District : Balod, Chhattisgarh.---- Respondent

18.07.2022 Mr. Rajkumar Pali, counsel for the appellant/s.

Mr. Sanjeev Kumar Agrawal, P.L. 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 the defendant No.1, who is illegitimate daughter of Halal Khor, can claim right over the ancestral property of the plaintiff under the Hindu Succession Act?

B. Whether the learned Lower Appellate Court was justified in rejecting the applications under Order 41 Rule 27 and Order 6 Rule 17 of CPC filed by the plaintiff?"

Issue notice to respondent No.1 along with copy of substantial

question of law.

Also heard on application (I.A. No.1/2022) for grant of interim relief

under Order 39 Rules 1 & 2 of CPC.

Issue notice to respondent No.1 also on this application (I.A.

No.1/2022).

P.F. be paid as per rules.

List the matter after six weeks.

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