Citation : 2022 Latest Caselaw 6695 Chatt
Judgement Date : 9 November, 2022
1
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
SA No. 725 of 2017
Rajendra Shankar Shukla Versus State Of Chhattisgarh
09.11.2022
Mr. Ravindra Kumar Agrawal, counsel for the appellant/s.
Mr. Avinash K. Mishra, G.A. for the State.
Heard on admission.
Perused the judgments of both the Courts below and gone through
the evidence adduced by both the parties before the trial Court.
On due consideration, the appeal is admitted for final hearing on the
following substantial questions of law:-
"A. Whether the will dated 25.10.1959 was proved as per the
requirement of Section 69 of the Indian Evidence Act, 1872?
B. Whether the trial Court was justified in dismissing the suit
without considering the provisions of the Madhya Bharat Abolition of
Proprietary Rights (Estate, Mahals and Alienated Land) Act, 1950,
The Zamindari Abolition Act, 1951?"
Also heard on application (I.A. No.2 of 2016) under Order 41 Rule 5
of CPC.
As the appeal has already been admitted, therefore, it is directed that
till further orders, both the parties shall maintain the status quo of the suit
property as it exits today.
List the matter for final hearing in due course.
Sd/-
(Arvind Singh Chandel) Judge
Ravi
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