Bhagwan Sinha vs Smt. Nirmala Sinha
2023 Latest Caselaw 29 Chatt

Citation : 2023 Latest Caselaw 29 Chatt
Judgement Date : 2 January, 2023

Chattisgarh High Court

Bhagwan Sinha vs Smt. Nirmala Sinha on 2 January, 2023

                                                   1

                          HIGH COURT OF CHHATTISGARH, BILASPUR

                                             Order Sheet

                                          SA No.211 of 2021

                             Bhagwan Sinha Versus Smt. Nirmala Sinha



02/01/2023             Shri Anurag Singh, counsel for the appellant.

                       Shri Priyanshu Gupta, 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 plaintiff-Smt. Nirmala Sinha alone is the exclusive owner of the property in question i.e. Khasra No.288 ad-measuring 0.39 Hectare while placing reliance upon the Rin Pustika (Ex.P-3), despite the fact that it was recorded in the joint name of the plaintiff and her mother-Phul Bai, 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 2021, an application under Order 41 Rule 5 read with Section 151 of the Code of Civil Procedure, 1908 for grant of interim relief.

Issue notice to the 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 29.07.2021 passed by the Additional District Judge, Gariyaband in Civil Appeal No.07-A/2019 shall remain stayed till the next date of hearing, subject to appellant's depositing the

security amount of Rs.25,000/- before the concerned trial 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.1 of 2021.

Certified copy, as per rules.

SD/-

(Sanjay S. Agrawal) Judge

Tumane