Subhash Mukarjee vs Smt. Ajanta Roy
2022 Latest Caselaw 1237 Chatt

                           HIGH COURT OF CHHATTISGARH, BILASPUR
                                              Order Sheet
                                           SA No. 349 of 2020

                                 Subhash Mukarjee Versus Smt. Ajanta Roy




09.03.2022         Shri A.K. Prasad, counsel for the appellants.
                   Shri A.K. Samantray and Shri M.K. Tyagi, counsel for respondent No. 1.

Shri S.K. Agrawal, Panel Lawyer for the State. This Court vide order dated 22.02.2021 granted interim protection to the appellants by which it has been directed that name of respondent shall not be mutated in the revenue records.

I.A. No. 2/2022 has been filed for vacating interim stay order dated 22.02.2021.

When a specific query was posed to the learned counsel for the appellants, whether amendment Act is applicable to Dayabhaga branch of Hindu Law, he would refer to the judgment passed by the Hon'ble Supreme Court in case of Vineeta Sharma vs Rakesh Sharma {(2020) 9 SCC 1} and submit that he may be given two weeks' time to make further submission. Learned counsel for the respondent No. 1 insisted for vacation of the interim protection.

Considering the submission, the interim protection dated 22.02.2021 is modified to the extent that the revenue proceedings may continue and the appellants and respondents shall be restrained from alienating the property to anybody till the next date of hearing, in the meantime if the parties so desire may take recourse of settlement of their dispute as the dispute is family dispute between brothers and sisters.

List the case after two weeks.

Sd/-

(Narendra Kumar Vyas) JUDGE Deshmukh