Municipal Corporation Ambikapur vs Krishna Mandal
2023 Latest Caselaw 134 Chatt

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                         HIGH COURT OF CHHATTISGARH, BILASPUR
                                                Order Sheet

                                         S.A. No. 205 of 2022
         Municipal Corporation Ambikapur Through Commissioner, Municipal Corporation,
          Ambikapur, District- Surguja, Chhattisgarh............. Defendant
                                                                                         ---- Appellant
                                                  Versus

         Krishna Mandal S/o Late Jitendra Mandal Aged About 45 Years R/o Subhashnagarh,
          Bhagwanpur, Police Station- Gandhinagar, Tahsil- Ambikapur, District- Surguja,
          Chhattisgarh........... Plaintiff.
                                                                                       ---- Respondent

06.01.2023 Shri Anurag Singh, counsel for the Appellant.

Heard on admission.

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

1. "Whether finding of the lower appellate Court decreeing the Plaintiff's claim despite holding that the procedure adopted by the revenue authorities for the demarcation of the land in question was not in accordance with law, is perverse?

2. Whether finding of the lower appellate Court decreeing the Plaintiff's claim even without meeting the reasonings of the trial Court which arrived at a conclusion that the alleged road was constructed in Khasra No.225, distinct from the Plaintiff's land, based upon the map attached with the Field Book (Ex.P.6), is perverse?"

Issue notice to the Respondent on payment of P.F., as per rules.

Also heard on I.A. No.01/2022, an application filed under Order 41 Rule 5 read with

Section 151 of CPC.

Issue notice on this application also to the Respondent, as above.

Meanwhile, purely as an interim measure, it is directed that the effect and operation

of the impugned judgment and decree dated 24.12.2021 passed by Second Additional

District Judge, Ambikapur, District Surguja (C.G.) in Civil Appeal No. 19-A/2021 shall remain

stayed till the next date of hearing subject to Appellant's furnishing security amount of

Rs.25,000/- before the executing Court within a period of 45 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. 01/2022.

Certified Copy, as per rules.

Sd/-

(Sanjay S. Agrawal) Judge

Nikita