Citation : 2023 Latest Caselaw 1157 Chatt
Judgement Date : 23 February, 2023
1
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
S.A. No. 120 of 2023
Dharam Sai Versus Dakhal Sai and another
23.02.2023 Shri Shikhar Bakhtiyar, counsel for the Appellant.
Shri Ravipal Maheshwari, Panel Lawyer for the State/Respondent No.3.
Heard on I.A. No.03/2023, an application praying for exemption from filing the
certified copy of the impugned decree dated 06.03.2021.
Learned counsel appearing for the Appellant submits that by virtue of the
impugned judgment and decree, the lower appellate Court has decided two appeals,
namely, Civil Appeal No.15-A/19 & Civil Appeal No36-A/18 and contended further that an
appeal has already been preferred against the Civil Appeal No.15-A/19, which is
registered as Second Appeal No.83 of 21 and, since the certified copy of the impugned
decree has already been submitted therein, therefore, he may be exempted from filing
the certified copy of the impugned decree in the instant appeal.
Considering the aforesaid contention of the learned counsel for the Appellant and
considering further that as the certified copy of the impugned decree has already been
submitted in another appeal being SA/83/21, I am inclined to exempt the Appellant from
filing the certified copy of the decree in the instant matter.
The said application is accordingly allowed and the Appellant is hereby exempted
from filing the certified copy of the impugned decree.
I.A. No.03/2023, thus, stands disposed of.
Also heard on I.A. No.01/2023, an application for condonation of delay of 251
days' in filing this appeal.
Issue notice on this application to Respondents No.1 & 2 only on payment of P.F.,
as per rules.
Post this matter after five weeks for consideration on I.A. No.01/2023 along with
SA/83/21.
SSd/-
(Sanjay S. Agrawal) Judge
Nikita
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