Bhuneshwar vs Siddharth
2025 Latest Caselaw 3597 Chatt

Chattisgarh High Court

Bhuneshwar vs Siddharth on 9 April, 2025

                                        1




             HIGH COURT OF CHHATTISGARH AT BILASPUR
                               SA No. 12 of 2024
1 - Bhuneshwar S/o Shobharam Aged About 58 Years Cast- Lodhi, R/o Village-
Hirapur, Tahsil- Dongergarh, District- Rajnandgaon, Chhattisgarh, At Present R/o
Sudama Nagari, Near Antakshri Garden Nagpur, District- Gondia (Maharastra)
2 - Foolchand S/o Radhelal Aged About 49 Years Cast- Lodhi, R/o Village-
Hirapur, Tahsil- Dongergarh, District- Rajnandgaon, Chhattisgarh
                                                                     ... Appellants

                                    versus

1 - Siddharth S/o Sharwan Verma Aged About 12 Years Through Natural
Guardian Mother Smt. Sumanlata Aged About 40 Years, W/o Sharwan Verma,
R/o Vill.- Saloni, Post- Dhara, Tah.- Dongergarh, Distt.- Rajnandgaon (CG).
2 - Smt. Sumanlata W/o Sharwan Verma Aged About 40 Years R/o Village-
Saloni, Post- Dhara, Tahsil- Dongergarh, District : Rajnandgaon, Chhattisgarh
3 - Sharwan Verma S/o Radhelal Aged About 38 Years Cast- Lodhi, R/o Village-
Shivpuri, Tahsil- Dongergarh, District- Rajnandgaon, Chhattisgarh.
4 - Deputy Registrar Document Registration Office Dongergarh, District
Rajnandgaon, Chhattisgarh
5 - State Of Chhattisgarh Through- Collector, Rajnandgaon, District :
Rajnandgaon, Chhattisgarh                                       ... Respondents

Order Sheet

09/04/2025 Mr. Rakesh Kumar Thakur, counsel for the appellants.

Ms. Mandvi Bhardwaj, P.L. for the State/respondents No.4 & 5. Heard.

This second appeal is admitted for hearing on following

substantial question of law:-

"Whether, both the Courts below were justified in holding that the registered sale deed (Ex.P-1) dated 20.01.2014 and the registered sale deed (Ex.P-2) dated 18.02.2015 executed by defendant No.1-Shravan in favour of defendant No.2-Bhuneshwar and defendant No.3- Foolchand respectively are null and void as a whole? "

Learned counsel for the appellants submits that he does not want to press I.A. No.03.2025, application for suggestion of new question of law.

In view of above, I.A. No.03/2025 is dismissed as not pressed. Issue notice to the respondents No.1 to 3 on memo of appeal along with aforesaid substantial question of law and also on I.A. No.01/2024, application under Order 41 Rule 5 read with Section 151 of the Civil procedure Code, 1908 by ordinary post as well as registered post. Process fee be paid as per rules.

Meanwhile, purely as an interim measure, it is directed that effect and operation of the impugned judgment and decree dated 30.10.2023 passed by Upper District Judge, Dongargarh, District Rajnandgaon (CG) in Civil Appeal No.07A/2023 upholding the judgment and decree dated 27.04.2023 passed by Civil Judge, Class-I, Dongargarh, District Rajnandgaon (CG) in Civil Suit No.03A/2015 shall remain stayed till the next date of hearing.

Sd/-

(Naresh Kumar Chandravanshi) Judge

Rukhsar

Digitally signed by RUKHSAR RUKHSAR BANO BANO Date:

2025.04.09 16:04:32 +0530