Makhan Lal Sahu vs Surendra Kumar Verma
2025 Latest Caselaw 3499 Chatt

Chattisgarh High Court

Makhan Lal Sahu vs Surendra Kumar Verma on 4 April, 2025

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                   HIGH COURT OF CHHATTISGARH AT BILASPUR
Digitally
signed
by AMIT                                     FA No. 152 of 2019
PATEL
                         MAKHAN LAL SAHU versus SURENDRA KUMAR VERMA


                                               Order Sheet


            04/04/2025             Mr. D. N. Prajapati, counsel for the appellant.
                                   Mr. Pushpendra Kumar Patel, counsel for respondents No.

1 & 2.

Heard on I.A. No. 03/2022, application under Order 22 Rule 3 of Code of Civil Procedure, I.A. No. 04/2022, application under Order 22 Rule 09 of CPC for setting aside abatement and I.A. No. 05/2022, application under Section 05 of the Limitation Act, 1963.

Upon due consideration I.A. No. 05/2022 is allowed, delay in filing the application under Order 22 Rule 09 of CPC for setting aside abetment and application under Order 22 Rule 03 of CPC for substitution of the legal representative (Gopal Prasad Sahu) of the sole appellant/Makhan Lal Sahu, who died on 12.04.2021, stand condoned.

As a consequence I.A No. 04/2022, filed under Order 22 Rule 9 of CPC stands allowed. Order of abatement, if any, stand set aside.

IA No. 03/2022, application under Order 22 Rule 3 of CPC for substitution of legal representative viz. Gopal Prasad

Sahu, the son of the sole appellant/Makhan Lal Sahu also stands allowed and counsel for the appellant is directed to carry out the necessary amendment within a period of 07 working days.

Heard on I.A. No. 02/2019, an application under Order 41 Rule 5 of CPC for staying of execution of impugned judgment and decree dated 28.09.2018.

The appeal is admitted for final hearing. Considering the facts and circumstances of the case, purely as an interim measure, it is directed that on appellant's depositing 50% of the decreetal amount against the decree passed against the appellant along with the interest as directed in the impugned judgment and decree dated 28.09.2018 within a period of '45 days' from today, the recovery of the balance amount shall remain stayed till the next date of hearing.

The amount so deposited shall be disbursed as per award to the concerned claimants/respondents, after due verification.

Earlier notices were issued to the respondents No. 4 & 5

(i), which were received unserved.

In view of above, let a fresh notice be issued to the respondents No. 4 & 5 (i) by ordinary and registered post, on payment of P.F., as per rules.

List this case thereafter.

                        Sd/-                                Sd/-
                   (Rajani Dubey)                    (Sachin Singh Rajput)
                        Judge                               Judge




AMIT PATEL