Hariom Sarthi vs Haripriya Sarthi
2025 Latest Caselaw 1660 Chatt

Chattisgarh High Court

Hariom Sarthi vs Haripriya Sarthi on 12 August, 2025

HIGH COURT OF CHHATTISGARH AT BILASPUR

CR No. 113 of 2025

HARIOM SARTHI versus HARIPRIYA SARTHI

Order Sheet

12/08/2025 Mr. Dhani Ram Patel, counsel for the applicant.

Mr. Ankur Kashyap, Dy. G.A. for the State.

Learned counsel for the applicant submits that the

appellate Court has recorded a finding which is wholly

perverse and contrary to the evidence available on

record. He further submits that the learned trial Court,

upon a proper appreciation of facts and law, had

categorically held that Smt. Sunita Sarthi is not the

legally wedded wife of Late Shri Ishwari Prasad Sarthi.

However, in complete disregard to the well-reasoned

findings of the trial Court, the appellate Court, while

entertaining the appeal preferred by Smt. Sunita Sarthi,

has proceeded to allow the same and has erroneously

held her to be the legally married wife of Late Shri

Ishwari Prasad Sarthi. He further submits that such

reversal is unsustainable, as it is based on conjectures

and surmises rather than a sound appreciation of law

and evidence. He further submits that taking undue

advantage of the said appellate order, Smt. Sunita

Sarthi is now actively raising objections to the grant of

compassionate appointment to the rightful claimant and

is also attempting to lay claim over the retiral dues of

Late Shri Ishwari Prasad Sarthi, thereby causing grave

prejudice to the legitimate rights and entitlements of the

applicant.

Heard on I.A. No. 1/2025, which is an application

under Section 151 of CPC for grant of stay.

Considering the facts and circumstances of the

case, purely as an interim measure, the effect and

operation of the impugned judgment dated 29.1.2025

passed in Regular Civil Appeal No. 26/2024 passed by

Fourth District Judge, Raigarh, is hereby stayed till the

next date of hearing.

List this case in the week commencing 1 st

September, 2025.

Records are yet to be received.

The Registry is directed to call for the records

from both the Courts below.

SD/-

(Amitendra Kishore Prasad) Judge

Raghu Jat