Chattisgarh High Court
Smt. K. Someshwari vs Smt. M. Kalyani on 2 May, 2022
HIGH COURT OF CHHATTISGARH, BILASPUR
SA No. 617 of 2018
1. Smt. K. Someshwari D/o Late M. Venkateshwar Rao Aged About 68 Years W/o K.
Satyarajlu, R/o- Qr. No. 20, Res Colony, Bijapur, District- Bijapur, Chhattisgarh.,
District : Bijapur, Chhattisgarh
2. Smt. K. Asha D/o Late M. Venkateshwar Rao Aged About 50 Years W/o K.
Ramkrishna, R/o- Qr. No. 20, Res Colony, Bijapur, District- Bijapur,
Chhattisgarh., District : Bijapur, Chhattisgarh
3. Smt. V. Indira D/o Late M. Venkateshwar Rao Aged About 65 Years W/o K.
Ramkrishna, R/o Sector-4 Street 14, House No. 15e, Bhilai, District- Durg,
Chhattisgarh., District : Durg, Chhattisgarh
4. Smt. K. Annapurna D/o Late M. Venkateshwar Rao Aged About 56 Years W/o
K. Nagbhushnam Rao, R/o Door No. 45-49-2/1 Amit Nagar, Akkaiyapalem,
Vishakatapatanam, Andhra Pradesh., District : Visakhapatnam, Andhra
Pradesh
5. Smt. K. Durga D/o Late M. Venkateshwar Rao Aged About 45 Years W/o
K.V.S. Pramanand, R/o House No. 09-327, Narsimha Nagar, Vishakapatnam,
Andhra Pradesh., District : Visakhapatnam, Andhra Pradesh
6. Smt. K. Vishaka D/o Late M. Venkateshwar Rao Aged About 50 Years W/o K.
Maleshwar Rao, R/o House No. 09-327, Narsimha Nagar, Vishakapatnam,
Andhra Pradesh., District : Visakhapatnam, Andhra Pradesh
7. Smt. K. Bhagyalakshmi D/o Late M. Venkateshwar Rao Aged About 52 Years
W/o K. Satyanarayan, R/o Plot No.12, 2nd Floor, Premium Palace- 2,
Vishakapatnam, Andhra Pradesh., District : Visakhapatnam, Andhra Pradesh
8. Smt. K. Shanti D/o Late M. Venkateshwar Rao Aged About 63 Years W/o K.
Satyam , R/o Plot No.- 24, Sector-10, Mvp Colony, Vishakatpatnam, Andhra
Pradesh., District : Visakhapatnam, Andhra Pradesh ---- Petitioners
Versus
1. Smt. M. Kalyani W/o Late M.G. Tilak Aged About 48 Years R/o Main Road, Bijapur,
Chhattisgarh., District : Bijapur, Chhattisgarh
2. M. Poorna Vighaneshwar Rao S/o Late M. Venkateshwar Rao Aged About 48
Years R/o Main Road, Bijapur, District- Bijapur, Chhattisgarh., District :
Bijapur, Chhattisgarh
3. State Of Chhattisgarh Through Collector, Bijapur, District- Bijapur,
Chhattisgarh., District : Bijapur, Chhattisgarh ---- Respondents
7-3
02-5-2022 Mr.Keshav Dewangan,counsel for the appellants.
Mr. Ravi Maheswari, appears and accepts notice on behalf of
respondent No.3/State.
Heard on admission.
Learned counsel for the appellants would submit that the
appellants who were daughters of deceased M. Venkateshwar Rao,
had filed a suit for declaration and partition of the property inherited
by their father as mentioned in Schedule-A of the plaint. He would
further submit that learned trial court without applying the provisions
of Hindu Succession Act (Amendment) has dismissed the suit.
Against that, they preferred an appeal which was also dismissed by
the learned First Appellate Court. Against that, the instant second
appeal has been preferred by the plaintiffs/appellants. He would
further submit that Hon'ble the Supreme Court in subsequent
judgment in case of Vinita Sharma vs. Rakesh Sharma and others,
reported in 2020 (9) SCC 1 has examined the application of Hindu
Succession Act and held that the daughters are entitled to get
share as co-parceners since their birth, unless partition as provided
in (amendment Act ) has been done, they are entitled to get their
share.
Considering the aforesaid submissions, the appeal is arguable.
The instant appeal is admitted on the following substantial question of
of law.
"Whether both the courts below were
justified in dismissing the suit ignoring the
provisions of Hindu Succession Act as
amended in 2005 giving right to the
daughters to inherit the property"?.
Issue notice along with copy of this order to respondents No.1
and 2 by ordinary mode as well as by registered mode. PF be paid
within a week. Notice be made returnable in six weeks.
Also heard on I.A.No. 1 of 2018, which is an application for
grant of injunction.
Considering the facts, it is directed that the partition
proceedings may go on, but no final order shall be passed, till the
next date of hearing.
In view of above, I.A.No.1 of 2018 stands disposed of.
List this case after six weeks.
Sd/-
(Narendra Kumar Vyas)
Judge
Raju
