Ramnath Since Died Through Lrs ... vs Nadkeshwar And Ors
2023 Latest Caselaw 497 Chatt

                                                    1

                            HIGH COURT OF CHHATTISGARH, BILASPUR
                                               Order Sheet,
                                            SA No. 406 of 2014
    Ramnath Since Died Through Lrs Fulkumari And Ors. Versus Nadkeshwar And Ors.




24.01.2023            Shri Anurag Singh, counsel for the appellants.

                      Shri Priyanshu Gupta, P.L. for the State/respondent 6.

Heard on admission.

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

"1. Whether in view of the custom prevailing in Khairwar community, the daughters of one Jhari, who owned half of his interest over the plaint Schedule 'A' properties (renumbered as described in plaint Schedule 'B') are disentitled to inherit his interest in relation to the plaint Schedule properties ?"

2. Whether finding of the lower appellate Court holding that the plaintiffs and defendants No. 5 to 7 (Tetri, Subasiya and Dukhni), who are the heirs of one Sukni, the daughter of Jhari, are entitled to half of his (Jhari) interest in plaint Schedule 'A' properties (renumbered as described in plaint Schedule 'B'), is perverse ?

Issue notice to respondents No. 1 to 5 and 7 to 16, on payment of P.F. as per

rules.

Counsel for the appellants is directed to supply substantial questions of law

as framed to the learned counsel for the State/respondent No.6.

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

with Section 151 of the Code of Civil Procedure, 1908, praying for staying the effect

and operation of the impugned judgment and decree 19.09.2014 passed in Civil

Appeal No. 21-A of 2012, pending decision of this appeal.

Let notice be issued to the said respondents on this application also, as

above.

Post this matter after 5 weeks for consideration on I.A.No. 01.

Sd/-

(Sanjay S. Agrawal) Judge

Anjani