Sammemati vs Devidin
2022 Latest Caselaw 3893 Chatt

                     HIGH COURT OF CHHATTISGARH, BILASPUR
                                            Order Sheet
                                         SA No. 376 of 2016
                               Sammemati Versus Devidin & Others




20.06.2022          Mr. H. S. Patel, Advocate for the Appellant.

                    Mr. Saurabh Sahu, Advocate for the respective Respondent/s.

Mr. Vimlesh Vajpai, G. A. for the State.

It has been contending that earlier the original plaintiff- Baratmati has filed a civil suit before the learned Civil Judge, Class-I, Shakti, District- Jangir-Champa which was decided on 14.09.1987 ex-parte against the Bartmati. Thereafter, an application for setting aside of the judgment and decree was filed which was allowed by the learned trial Court, thereafter the matter was reheard and the learned Judge Class- I vide order dated 14.10.1996, has dismissed the suit. In the meantime, the property was sold therefore, to examine the fact that whether the husband of Bartmati namely- Bartu has right to sold the property or not, the record of Civil Suit No. 63/1997 decided by the Civil Judge Class-I, Shakti is required to decide the appeal as well as substantial question of law framed by this Court.

Let the information regarding requisition of record of the Civil Suit No. 63/1997 be sent to the Concerning Judge through E-mail and the record be requisite forthwith.

List this case on 14th of July, 2022.

Interim relief granted earlier shall continue till the next date of hearing.

Sd/--

(Narendra Kumar Vyas) Judge

Amita