Itwari Ram vs Keshar Bai
2025 Latest Caselaw 3501 Chatt

Chattisgarh High Court

Itwari Ram vs Keshar Bai on 4 April, 2025

                                                       1




                               HIGH COURT OF CHHATTISGARH AT BILASPUR

                                              SA No. 172 of 2025

                   1. Itwari Ram, S/o Late Dashru Ram, Aged About 75 Years, R/o Unkari,
                      Tahsil Charama, District North-Bastar, Kanker Chhattisgarh, (Defendant
                      No.1).
                   2. Khemraj Sinha, S/o Itwari Ram, Aged About 64 Years, R/o Unkari, Tahsil
                      Charama, District North-Bastar, Kanker Chhattisgarh, (Defendant No.2).
                   3. Mukesh Singh, S/o Itwari Ram, Aged About 40 Years, R/o Unkari, Tahsil
                      Charama, District North-Bastar, Kanker Chhattisgarh, (Defendant No.3).
                                                                                     ... Appellants


                                                    versus


                   1. Keshar Bai, W/o Gangaram Sinha, S/o Late Dasruram, Aged About 64
                      Years, R/o Unkari, Tahsil Charama, District North-Bastar, Kanker
                      Chhattisgarh (Plaintiff).
                   2. Santosh Sinha, S/o Khushiram, Aged About 38 Years, R/o Myaana, Tahsil
                      Charama, District North-Bastar, Kanker, Chhattisgarh (Defendatn No.4).
                   3. Vijay Sinha, S/o Khushiram, Aged About 29 Years, R/o Myaana, Tahsil
                      Charama, District North-Bastar, Kanker, Chhattisgarh (Defendatn No.5).
                   4. Yogya Sinha, D/o Khushiram, Aged About 27 Years, R/o Jaisakarra, Tahsil
                      Charama, District Kanker, Chhattisgarh (Defendant No.6).
                   5. State Of Chhattisgarh, Through Collector Kanker, District North-Bastar,
                      Kanker, Chhattisgarh (Defendant No.7).
                                                                                   ... Respondents

(Cause title taken from Case Information System)

Digitally DEEPTI signed by JHA DEEPTI NIRALA JHA NIRALA

Order Sheet

04/04/2025 Mr. Pravin Kumar Tulsyan, counsel for the appellants.

Mr. Rajeev Bharat, G.A. for the State/respondent

No.5.

Heard on I.A. No.1/2025, application under Order 41

Rule 5 read with Section 151 of CPC for grant of stay on

execution of decree.

Counsel for the appellants does not wants to press on

I.A. No.1/2025, hence, I.A. No.1/2025 stands rejected as not

pressed.

Also heard on I.A. No.2/2025, application under Order

41 Rule 5 read with Section 151 of CPC for grant of stay on

execution of decree.

Issue notice to the respondent on I.A. No.2/2025,

application under Order 41 Rule 5 read with Section 151 of

CPC for grant of stay on execution of decree, as per rules.

P.F. be paid within a week.

State counsel accepts notice on behalf of

State/respondent No.5, therefore, issuance of notice to it, is

dispensed with.

Meanwhile, purely as an interim measure, it is

directed that effect and operation of the impugned judgment

and decree dated 18.02.2025 (Annexure-A/1) passed by the

1st District Judge, District North-Bastar, Kanker (C.G.) in

Civil Appeal No.04/2024 upholding the judgment and decree

dated 15.03.2024 (Annexure-A/2) passed by the Civil Judge

Class-II, Kanker (C.G.) in Civil Suit No.7-A/2018 shall

remain stayed till the next date of hearing.

Call for records of both the Courts below.

List the matter thereafter.

Sd/-

(Naresh Kumar Chandravanshi) Judge