Ganeshram Yadav vs Smt. Hiraundi Bai
2023 Latest Caselaw 1019 Chatt

                                                 1

                          HIGH COURT OF CHHATTISGARH, BILASPUR

                                           Order Sheet

                                         SA No.17 of 2023

      Ganeshram Yadav, S/o Mahettar Yadav Aged About 65 Years R/o Village-
       Kharora, Tahsil-Tilda, District Raipur (C.G.)

                                                                         ---- Appellant/Plaintiff

                                             Versus

    1. Smt. Hiraundi Bai D/o Late Harsingh Thakur Wd/o Late Narayan Singh, R/o
       Village-Kumhari, Tehsil-Balodabazar, District-Balodabazar-Bhatapara (C.G.)

    2. State Of Chhattisgarh Through The Collector-Raipur, District-Raipur (C.G.)

                                                                              ---- Respondents

(Cause title is taken from CIS)

16/02/2023 Shri Shobhit Koshta, counsel for the appellant.

Shri Tarkeshwar Nande, Panel Lawyer for the State/Respondent No.2.

Heard on admission.

This appeal is admitted for hearing on the following substantial question of law:-

"Whether finding of the lower appellate Court holding that the counter-claim as made by the defendant No.1-Smt. Hiraundi Bai on 30.10.2015 claiming possession is within the period of limitation, despite the fact that she has admitted in her cross-examination at para 20 that plaintiff is cultivating the land in question since the year 1994, is perverse?"

Issue notice to the respondent No.1 only, on payment of process fee, as per rules.

Learned counsel for the appellant is directed to supply the substantial question of law as framed to the learned counsel for the respondent No.2/State within a period of 15 days from today.

Also heard on I.A.No.1 of 2023, an application praying for staying the effect and operation of the impugned judgment and decree dated 02.12.2022 passed in Civil Appeal No.02-A/2019 pending decision of this appeal.

Issue notice to respondent No.1 on this application also, as above.

Meanwhile, purely as an interim measure, it is directed that the effect and operation of the impugned judgment and decree dated 02.12.2022 passed by the 8th Additional District Judge, Raipur in Civil Appeal No.02-A/2019 shall remain stayed till the next date of hearing, subject to appellant's depositing security amount of Rs.25,000/- before the concerned Executing Court within a period of 60 days from today for due performance of the decree ultimately to be passed by this Court.

Post this matter after five weeks for consideration on I.A.No.1 of 2023.

Certified copy, as per rules.

SD/-

(Sanjay S. Agrawal) Judge

Tumane