Smt. Manjulalta Dubey vs Salik Ram
2022 Latest Caselaw 4732 Chatt

                                       1

               HIGH COURT OF CHHATTISGARH, BILASPUR
                                 Order Sheet
                              SA No. 70 of 2022
  • Smt. Manjulalta Dubey, W/o Shri Mahesh Dubey, Aged about 44 years, R/o
    House No. 208, Surya Vihar Colony, Junwani, Bhilai, District Junwani, Bhilai,
    District Durg, Chhattisgarh.
                                                                      ---- Appellant
                                    Versus
 1. Salik Ram S/o Chamru Thethwar, Aged About 48 Years,
 2. Chaitram S/o Chamru Thethwar Aged About 59 Years,
 3. Dukhit Ram S/o Chamru Thethwar, Aged About 54,
 4. Avadh Ram S/o Late Kashiram Thethwar, Aged About 42 Years,
 5. Bisram S/o Late Kashi Ram Thethwar, Aged About 38 years,
 6. Rajesh S/o Late Kashi Ram Thethwar, Aged About 27 years,
 7. Fulbati, D/o Late Kashi Ram Thethwar, Aged About 64 years,
 8. Ganesh Satnami S/o Late Shisupal Satnami Aged About 69 years,
 9. Kawal Satnami S/o Late Shishupal Satnami Aged About 61 years,
10. Ishwar Ram Satnami S/o Late Shishupal Satnami Aged About 59 years,
11. Harichand S/o Chamru Thethwar, Aged Aaout 44 years,
    Respondents No.1 to 11 are R/o Village     Gadadeeh     Litiya,    PS    Bori

Dhamdha, District Durg, Chhattisgarh.

12. Dev Das Satnami S/o Late Harichand Satnami Aged About 51 Years R/o Village Bharni, Post Devri, Tahsil Dhamdha District Durg Chhattisgarh.

13. Dwarka Satnami S/o Late Harichand Satnami, Aged About 49 Years R/o Nawagaon Devri, Dhamdha, District Durg Chhattisgarh.

14. Asha Bai Satnami D/o Late Harichand Satnami Aged About 47 Years R/o Kanharpuri Rajnandgaon Chhattisgarh.

15. Khethiharin Satnami D/o Late Harichand Satnami Aged About 44 Years R/o Nawagaon, Anandgaon Berla, Distirct Bemetara Chhattisgarh.

16. State of Chhattisgarh, Throguh The District Collector, Durg Chhattisgarh.

---- Respondents

25/07/2022 Mr. B.P. Sharma and Ms. Anuja Sharma, counsel for the appellant.

Mr. Ravi Pal Maheshwari, P.L. for the State/respondent No.16.

Heard on admission.

Perused the judgments of both the Courts below and also gone through the evidence adduced by counsel for both the parties before the trial Court.

On due consideration, the appeal is admitted for final hearing on the following substantial question of law:-

"Whether, judgment of trial Court was liable to be interfered with or reversed without following mandate of law in the matter of Jagdish Singh Vs. Madhuri Devi reported in (2008) 10 SCC 497?"

Issue notice to respondents except the State/respondent No.16 along with the copy of the substantial question of law.

Also heard on application (I.A.01/2022) application for grant of stay.

Issue notice to respondents except the State/respondent No.16 also on this application.

P.F. be paid within a week.

In the meantime, till the next date of hearing, both the parties are directed to maintain the status quo of the suit property as it exists today.

List this case after service of notices.

Sd/-

(Arvind Singh Chandel) Judge

Vasant