Chamar Singh vs Sukhdeo And Ors
2022 Latest Caselaw 4734 Chatt

                                            1

                HIGH COURT OF CHHATTISGARH, BILASPUR
                                       Order Sheet
                                SA No. 234 of 2013
• Chamar Singh, S/o Sundarmani Agharia, Aged about 47 years, R/o
  Khairmunda, P.S. and Tah. Dabhra, Distt. Janjgir-Champa C.G.
                                                                       ---- Appellant
                                         Versus
1. Sukhdeo, S/o Baliram Agharia Aged about 48 years, R/o Khairmunda, P.S.
   and Tah. Dabhra, Distt. Janjgir-Champa C.G.
2. Tekram, S/o Premlal Agharia Aged about 46 years, R/o Khairmunda, P.S. and
   Tah. Dabhra, Distt. Janjgir-Champa C.G.
3. State of Chhttisgarh, through- The Collector, Janjgir-Champa C.G.
                                                                    ---- Respondents

25/07/2022 Mr. Shobhit Koshta, counsel for the appellant.

Mr. M.A. Latif Rahman, counsel for respondents No.1 & 2.

Mr. Tarkeshwar Nande, P.L. for the State/respondent No.3.

Heard on admission.

Admit.

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 questions of law:-

"(A) Whether, without deciding the counter claim of the

defendant/appellant, decide the suit of plaintiffs/respondents and granting the decree for declaration and permanent injunction is justified?

(B) Whether, on the basis of Commissioner Report (Ex.P/8) and Spot Report (Ex.P/9), the learned Courts below were justified allowing the suit and granting the decree in favour of the plaintiffs/respondents?"

Also heard on application for stay of execution of the judgment and decree of the Court below.

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 for final hearing in its due course.

Sd/-

(Arvind Singh Chandel) Judge

Vasant