Sastaru vs Mangnath
2022 Latest Caselaw 4872 Chatt

           HIGH COURT OF CHHATTISGARH, BILASPUR
                           Order Sheet
                       SA No. 105 of 2019
1. Sastaru S/o Late Laxman Aged About 55 Years Caste Uraon R/o
   Village Alori Post Ghaghra Tahsil Manora ,district Jashpur
   Chhattisgarh.
2. Shivdev S/o Late Laxman Aged About 51 Years Caste Uraon R/o
   Village Alori Post Ghaghra Tahsil Manora ,district Jashpur
   Chhattisgarh.
3. Dashrath S/o Late Laxaman Aged About 48 Years Caste Uraon R/o
   Village Alori Post Ghaghra Tahsil Manora ,district Jashpur
   Chhattisgarh.
                                                       ---- Petitioner
                             Versus
1. Mangnath S/o Buchhu Aged About 60 Years R/o Village Alori Post
   Ghaghra ,tahsil Manora, District Jashpur Chhattisgarh., District :
   Jashpur, Chhattisgarh
2. Bhadiyo Bai D/o Buchu W/o Vifaiya Ram Aged About 70 Years R/o
   Village Remne Post ,sonkyaril, Tahsil Manora District Jashpur
   Chhattisgarh., District : Jashpur, Chhattisgarh
3. Sahdev S/o Late Manihar (Dead) Through Lrs
  (A) Smt. Prema Bhagat D/o Late Sahdev Ram, aged about 30 years.
  (B) Smt.Sangeeta Bhagat D/o Late Sahdev Ram Aged About 27 Years.
  (C)Smt. Hema Bhagat D/o Late Sahdev Ram Aged About 24 Years
  (D)Kumari Mansati Bhagat D/o Late Sahdev Ram Aged About 19
  Years.
4. Mu. Kamla Bhagat, W/o Late Balkunwar, Aged About 40 Years R/o
   Village Alori Post Ghaghra, Tahsil Manora ,district Jashpur
   Chhattisgarh.
5. Kumari Kavita D/o Late Balkunwar Aged About 18 Years, now aged
   about 26 years, R/o Village Alori Post Ghaghra, Tahsil Manora,
   District Jashpur Chhattisgarh.
 6. Kumari Sarita D/o Late Balkunwar Aged About 12 Years, now aged
   20 years R/o Village Alori Post Ghaghra, Tahsil Manora, District
   Jashpur Chhattisgarh.
7. Ku. Priyanka D/o Late Balkunwar Aged About 10 Years Now Aged 18
   Years R/o Village Alori Post Ghaghra ,tahsil Manora ,district Jashpur
   Chhattisgarh., District : Jashpur, Chhattisgarh
8. Mu. Indu W/o Late Laldev Aged About 43 Years R/o Village Alori
   ,Post Ghaghra, Tahsil Manora, District Jashpur Chhattisgarh.
9. Manisha D/o Late Laldev Aged About 20 Years, now aged about 28
   years, R/o Village Alori ,post Ghaghra, Tahsil Manora, District
   Jashpur Chhattisgarh.
10. Lalit D/o Laldev Aged About 18 Years, Now aged about 26 years, R/o
  Village Alori ,post Ghaghra, Tahsil Manora, District Jashpur
  Chhattisgarh, District : Jashpur, Chhattisgarh
11. Devendra S/o Late Laldev Aged About 16 Years Now Aged About 24
  Years R/o Village Alori ,post Ghaghra, Tahsil Manora, District
  Jashpur Chhattisgarh, District : Jashpur, Chhattisgarh
12. Manihari     S/o  Late   Suka   (Now   Dead    )  Through   Lrs
    (I)Misil  Ram    S/o   Konda   Ram    Aged   About   38   Years
    (II) Nawasai Ram S/o Konda Ram Aged About 34 Years.
13. Krishna S/o Late Birso Aged About 51 Years R/o Village Alori
    ,Post Ghghra ,tahsil Manora, District Jashpur Chhattisgarh.
14. Shankar S/o Late Birso Aged About 45 Years R/o Village Alori ,post
  Ghghra ,tahsil Manora, District Jashpur Chhattisgarh., District :
  Jashpur, Chhattisgarh
15. Amit S/o Late Birso Aged About 45 Years R/o Village Alori ,post
  Ghghra ,tahsil Manora, District Jashpur Chhattisgarh., District :
  Jashpur, Chhattisgarh.
16. Shaniyaro (Now Dead) Through Lrs.
   (I)Devlal (NowDead) Through Lrs
         (A)Anita W/o Devlal, R/o H.C. 34, 11th Battalion, Janjgir,
         District Janjgir-Champa (C.G.) related to Security
         Company 4th Battalion, Mana, Raipur (C.G.)
         (B) Pawan Kumar S/o Devlal R/o H.C. 34, 11 th Battalion,
                Janjgir, District Janjgir-Champa (C.G.) related to Security
               Company 4th Battalion, Mana, Raipur (C.G.)
     17. Sewati S/o Late Suka Aged About 66 Years R/o Village Alori ,post
       Ghghra ,tahsil Manora, District Jashpur Chhattisgarh.
     18. Suni S/o Late Suka Aged About 68 Years R/o Village Alori ,post
       Ghghra ,tahsil Manora, District Jashpur Chhattisgarh.
     19. State Of Chhattisgarh Through The Collector District Jashpur
       Chhattisgarh.
                                                                    ---- Respondents

29/07/2022 Mr. H.S. Patel, Advocate for the Appellants.

Mr. Ravindra Agrawal, Advocate for Respondents No. 3 to 18

Mr. Ravipal Maheshwari, P.L. for the State/Respondent No.19.

Heard on admission.

Perused the judgments of both the Courts below and evidence adduced by the parties before the Trial Court. On due consideration, this appeal is admitted for final hearing on the following substantial questions of law:-

1. "Whether, only on the basis of entry made in the Adhikar Abhilekh in the year 1954-55, both the Courts below have justified in holding that late Bogi was the son of Late Fansi @ Fati?

2. "Whether, both the Courts below have justified in holding that the civil suit preferred by the Plaintiff/Appellant is time barred?"

Also heard on IA No.1/2019 under Order 39 Rule 1 & 2 of the Code of Civil Procedure, 1908.

Issue notice to Respondents no. 1 & 2 on admission as well as on IA No.1/2019 under Order 39 Rule 1 & 2 of the C.P.C. P.F. as per rules.

Meanwhile, purely as an interim measure, both the parties are directed to maintain status quo of the suit property as on date till the next date of hearing.

List the matter after six weeks.

Sd/-

(Arvind Singh Chandel) Judge

Shubham