Citation : 2022 Latest Caselaw 6796 Chatt
Judgement Date : 14 November, 2022
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
Second Appeal No.80 of 2021
Pusau & Ors. Versus Bholaram @ Katharam & Ors.
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14/11/2022 Shri Anand Prakash Sharma, Advocate along with Shri B.L. Sahu,
Counsel for the appellants.
Shri Priyanshu Gupta, P.L. for the State.
Heard on admission.
Perused the judgments of both the Courts below and also
perused the evidence adduced by the parties before the trial Court.
On due consideration, the appeal is admitted for hearing on the
following substantial question of law:
"A. Whether the First Appellate Court has justifed in
reversing well reasoned judgment and decree passed by the trial
Court?"
"B. Whether the First Appellate Court has justifed in holding
that the plaintif is entitle to get share over the entire disputed
properties mentioned in Scheduled 'A'?"
Issue notice to the respondents on payment of process fee as per
rules.
Also heard I.A. No.1, application under Order 41 Rule 5 of the Code of Civil Procedure.
Issue notice on I.A. No.1 as well.
Meanwhile, purely as an interim measure, it is directed that the effect and operation of the impugned judgment and decree dated 02.02.2021 passed by the Additional District Judge, Bemetara, District Bemetara, (C.G.) passed in Civil Appeal No.79-A/2018 shall remain stayed till the next date of hearing.
List this case after four weeks.
Sd/-
(Arvind Singh Chandel) Judge
Prakash
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