State Of Chhattisgarh vs Tirlochan Kaur
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Chattisgarh High Court

State Of Chhattisgarh vs Tirlochan Kaur on 1 July, 2024

                      HIGH COURT OF CHHATTISGARH, BILASPUR

                                            Order Sheet

                               Second Appeal No. 209 of 2017

                  State of Chhattisgarh Versus Trilochan Kaur & others.



01.07.2024         Mr. Santosh Kumar Soni, counsel for the appellant.
                   Mr. Vineet Kumar Pandey, counsel for respondent No. 12.

Heard on I.A. No. 05/2019, which is application under Order 22 Rule 10-A of the Code of Civil Procedure, wherein it has been stated that respondent No. 12 - Charan Singh has expired on 28.09.2018.

On due consideration, application (I.A. No. 05/2019) is allowed. The aforesaid information is taken on record.

Also heard on I.A. No. 07/2019, application under order 22 Rules 3 & 4 of the CPC for bringing legal heirs of deceased / respondents No. 1 & 12 namely Trilochan Kaur & Charan Singh, respectively on record on account of their death, I.A. No. 08 / 2019, application under Order 22 Rule 9 of the CPC for setting aside abetment of appeal against respondents No. 1 & 12 and I.A. No. 09/2019, application under Section 5 of the Limitation Act for condoning the delay in filing the application for setting aside abatement, respectively.

Issue notice to legal heirs of deceased/ respondents No. 1 & 12 on aforesaid applications. Process fee be paid as per rules.

Meanwhile, purely as an interim measure, it is directed that effect & operation of the impugned judgment & decree dated 30 th January, 2016 passed by Second Additional District Judge, Raigarh in Civil Appeal No. 20280000076/2015 shall remain stayed, till the next date of hearing.

Certified copy, as per rules.

Sd/-

(Naresh Kumar Chandravanshi) Judge Amit