Smt. Nanibala Sarkar vs State Of Chhattisgarh
2022 Latest Caselaw 6694 Chatt

              HIGH COURT OF CHHATTISGARH, BILASPUR

                                  Order Sheet

                               SA No. 226 of 2021

Smt. Nanibala Sarkar and Others Versus State of Chhattisgarh and Another



09.11.2022          Mr. Rajkumar Pali, Counsel for the appellant.

                    Mr. Ravi Maheshwari, P.L. for the State/respondents.

Heard on admission.

Perused the judgments of both the Courts below, pleadings of the parties and evidence adduced by them before the Trial Court.

On due consideration, this appeal is admitted for final hearing.

Substantial Question of law should be:

A. Whether, the learned First Appellate Court was justified in holding that no easementary right has accrued in favour of the plaintiffs over land bearing Khasra No. 205/1 in the light of oral and documentary evidence adduced by the plaintiffs?

Issue notice to respondents.

Mr. Ravi Maheshwari, P.L. accepts notice on behalf of the respondents.

No need to pay PF.

Also heard I.A. No. 1 of 2021, an application for grant of interim relief.

Counsel for the respondents prays for and is granted two week's time to file reply.

Meanwhile, purely as an interim measure, the respondents are restrained to make any construction over the land bearing Khasra No. 206/17, till the next date of hearing. Further, both the parties are directed to maintain Status Quo of the aforesaid land, as on date, till the next date of hearing.

List this case after four weeks.

Sd/-

(Arvind Singh Chandel) Judge

Saurabh