Gajendra Sahu vs Shrimati Parwati @ Savitri
2025 Latest Caselaw 1661 Chatt

Chattisgarh High Court

Gajendra Sahu vs Shrimati Parwati @ Savitri on 12 August, 2025

                                                         1




        Digitally
        signed by
        RAVI
RAVI    SHANKAR
SHANKAR MANDAVI
MANDAVI Date:
        2025.08.12
        17:38:15
        +0530




                              HIGH COURT OF CHHATTISGARH AT BILASPUR


                                               SA No. 453 of 2025


                     1 - Gajendra Sahu S/o Late Artidas Sahu, Aged About 54 Years R/o
                     Village Khaprikala, District Durg (C.G.)


                     2 - Rajendra Sahu, S/o Late Artidas Sahu, Aged About 51 Years R/o
                     Village Sundara, Tehsil And District Rajnandgaon (C.G.).......(Plaintiff)
                                                                           ... Appellants



                                                     versus



                     1 - Shrimati Parwati @ Savitri D/o Late Artidas Sahu, W/o Ganpat
                     Sahu, Aged About 70 Years R/o Village- Raveli, Post- Kanharpuri,
                     Tehsil And District Rajnandgaon (C.G.)


                     2 - State Of Chhattisgarh Through The Collector- Rajnandgaon,
                     District Rajnandgaon (C.G.)
                                                                          ... Respondent(s)

Order Sheet

12/08/2025 Mr. Shobhit Koshta, learned counsel for the appellants.

Mr. Ritesh Giri, learned Panel Lawyer for the State/respondent No.2.

This appeal is admitted for hearing on the following substantial question of law:-

"1. Whether finding recorded by the First Appellate Court that defendant No.1/Shrimati Parwati Bai is daughter of Late Artidas is perverse to the evidence available on record ?

2. Whether finding recorded by the First Appellate Court that suit property is ancestral property of Late Artidas is perverse and against the evidence available on record ?

3. Whether First Appeal filed by defendant No.1/Shrimati Parwati Bai suffers from deficit of Court fee ? "

Issue notice to the respondents on this appeal along with a copy of substantial questions of law, by ordinary mode as well as by registered post.

Also heard I.A. No.01 of 2025, application under

Order 41 Rule 5 of CPC.

Issue notice to the respondents on I.A. No.01 of 2025, application under Order 41 Rule 5 of CPC, by ordinary as well as by registered post.

PF be paid within a week.

Learned State counsel accepts notice on behalf of State/respondent No.2, therefore, issuance of notice to it is dispensed with.

Meanwhile, purely as a interim measure, it is directed that effect and operation of impugned judgment and decree dated 14.07.2025 passed by First District Judge, Rajnandgaon, District Rajnandgaon in Civil Appeal No.49-A/2021, shall remain stayed till next date of hearing subject to furnishing security of Rs.50,000/- to the satisfaction of the concerned Court/executing Court within a period of 30 days from today for due performance of the decree ultimately to be passed against the appellants.

List this case after service of notice.

Sd/-

(Naresh Kumar Chandravanshi) Judge

Ravi Mandavi