Nizamuddin vs Saleha Khatun
2022 Latest Caselaw 7164 Chatt

                HIGH COURT OF CHHATTISGARH, BILASPUR
                                    Order Sheet
                                SA No. 177 of 2021
                        Nizamuddin Versus Saleha Khatun



29.11.2022          Mr. Shobhit Koshta, Counsel for the appellant.
                    Mr. Sanjeev K. Agrawal, P.L. for the State.
                    Heard on admission and I.A. No. 1 of 2022, an application for
             stay of execution of impugned decree dated 06.07.2021 passed by
             the First Appellate Court.

                    On due consideration, this appeal is admitted for final hearing
             on the following Substantial Question of law:

                    A. Whether, the First Appellate Court was justified in
             granting decree of partition and separate possession under
             Order 41 Rule 32 of CPC despite the fact that plaintiff have not
             filed any cross objection against the judgment and decree
             passed by the trial Court and no such relief can be claimed by
             the plaintiff before the Court below?

                    Issue notice to the respondents.

PF as per rules.

Meanwhile, it is directed that both the parties shall maintain status quo of the suit property with regard to the possession as on date, till the next date of hearing.

List this case after four weeks.

Sd/-

                                              (Arvind Singh Chandel)
   Saurabh                                           Judge