Dhananjay Tamrakar vs Aditya Prasad Chaudhary
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Chattisgarh High Court

Dhananjay Tamrakar vs Aditya Prasad Chaudhary on 13 February, 2025

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               HIGH COURT OF CHHATTISGARH AT BILASPUR

                                 SA No. 73 of 2025

Dhananjay Tamrakar S/o Late Shri Harihar Sao, Aged About 50 Years R/o
Tapkara, Thana And Post Tapkara Tehsil Farsabahar, District Jashpur,
Chhattisgarh. --- (Defendant).                                        ... Appellant


                                      versus


1 - Aditya Prasad Chaudhary S/o Late Shri Baldev Sao, Aged About 76 Years
R/o Tapkara, Thana And Post Tapkara, Tehsil Farsabahar, District Jashpur,
Chhattisgarh. --- (Plaintiff).
2 - State Of Chhattisgarh, Through The Collector Jashpur Nagar, District
Jahspur, Chhattisgarh.                                            ... Respondents

(Cause title, as taken from Case Information System) Order Sheet

13/02/2025 Mr. Amrito Das, counsel for the appellant.

Mr. Santosh Soni, G.A. for the State/respondent No.2. Heard.

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

"Whether, demarcation report (Ex. P-15) has been carried out without any fixed survey mark or any reference point, as such, it is not in accordance

with law, consequently, the judgment and decree passed by the trial Court and upheld by the Appellate Court, is perverse and illegal? "

Issue notice to the respondent No.1 on memo of appeal along with aforesaid substantial question of law as well as on I.A. No.01/2025, application under Order 41 Rule 5 of the CPC, 1908 by ordinary post as well as registered post. Process fee be paid as per rules.

Meanwhile, it is directed that the effect and operation of the impugned judgment and decree dated 27.10.2017 passed by Civil Judge, Class-I, Kunkuri, District Jashpur (CG) in Civil Suit No. 10A/2014 and upheld by 1st District Judge, Kunkuri, District Jashpur (CG) vide judgment and decree dated 17.09.2024 in Civil Appeal No.22A/2017 shall remain stayed till the next date of hearing.

Sd/-

(Naresh Kumar Chandravanshi) Judge

Rukhsar

Digitally signed by RUKHSAR RUKHSAR BANO BANO Date:

2025.02.13 16:48:20 +0530