Gangadhar Anors vs Smt. Laxmin Bai And Ors
2025 Latest Caselaw 1358 Chatt

Chattisgarh High Court

Gangadhar Anors vs Smt. Laxmin Bai And Ors on 22 January, 2025

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                            HIGH COURT OF CHHATTISGARH AT BILASPUR


                                                   SA No. 218 of 2013

                                   Gangadhar & Another versus Smt. Laxmin Bai and Others



PRIYANKA
                                                      Order Sheet
VERMA
Digitally signed by
PRIYANKA VERMA
Date: 2025.01.22
15:49:28 +0530




                      22/01/2025            Mr. Saurabh Gupta, Advocate appears on behalf of Mr.
                                    Sourabh Sharma, counsel for the appellants.
                                            Ms. Natasha Khan, Advocate appears on behalf of Mr.
                                    Yashwant Thakur, counsel for respondent No.6(a).

Ms. Neeta T. Thawani, PL for the State/respondent No.8.

By the PUD dated 25.11.2024 sent by the Principal District Judge, Bilaspur, it has been reported that the original record of the Civil Suit No.179-A/2009- Gangadhar And Others vs. Laxminbai And Others (judgment dated 24.12.2010) is not available, therefore, a preliminary enquiry was conducted. In the said enquiry, it has been revealed that the Ex-reader of the Court of 4th Additional District Judge, Bilaspur, Shiv Kumar Shrivastava, who died on 31.07.2021,

has not submitted the aforesaid record in the Record Room, therefore, the Principal District Judge, has directed the Additional Judge to the 1st Civil Judge, Senior Division, Takhatpur for reconstruction of the said file. In the said case, both the parties have been given notice to supply the documents available with them.

In view of the aforesaid, on a query being put to Mr. Gupta, counsel for the appellants, he submits that certain documents and the depositions of Gangadhar (PW-1), Ramkhilawan (PW-2), Ghanshayam Mishra (PW-3), Laxminbai (DW-1), Lalit (DW-2) and Sannat (DW-3) are available in his brief.

In view of the above, counsel for the appellants is directed to make available the copies of the aforesaid depositions and other material documents, which are relevant for the purpose of adjudication of this Appeal, preferably within a period of 4 weeks. In turn, Registrar (Judicial), after retaining a set of the said file/documents shall send another copy of the same to the concerned trial Court enabling them for proper reconstruction of the file.

It is also directed that if any such documents are available with the counsel for the other side, the same shall also be supplied to the Office of the Registrar (Judicial) within a period of 4 weeks so that the matter can be properly adjudicated.

List this matter after 12 weeks.

The concerned trial Court is directed that as and when

the reconstruction is complete or the missing file is traced, the same shall be forwarded to the Registry of this Court.

Sd/-

(Deepak Kumar Tiwari) Judge

Priyanka