Citation : 2025 Latest Caselaw 675 Chatt
Judgement Date : 22 July, 2025
HIGH COURT OF CHHATTISGARH AT BILASPUR
FA No. 161 of 2018
HASEENA BEGUM versus RAMAVATAR AGRAWAL
22.07.2025 Ms. Fouzia Mirza, Sr. Advocate with Ms. Rashika Soni, counsel
for the appellant.
Mr. H.B. Agrawal, Sr. Advocate with Ms. A. Sandhya Rao,
counsel for respondent No. 1.
The genesis of the present appeal is the judgment and decree passed by the Civil Judge, Class II, Raipur in Civil Suit No. 151-A/65 decided on 14.12.1967 (Somchand Agrawal vs. Chhedi @ Salarbux and Others). An execution case has also been filed before the Executing Court bearing Execution Case No. 151-A/65 wherein some objections were taken, which has necessitated the plaintiff to file suit for partition.
Learned Senior Advocate for the appellant vehemently argued that since the judgment and decree has been passed in the year KISHORE KUMAR 1967 and the suit was filed in 2009, therefore, it is hopelessly DESHMUKH
barred by the limitation. She would further submit that the case
before the executing Court in Execution Case No. 151-A/65 has 11:08:22 +0530
been closed by execution of sale deed on 07.12.1968.
Let the record of the executing Court in Execution Case No. 151-A/65 be traced out at Raipur and scanned copy of the same be made available to this Court. The Registrar (Computerization) of this Court is directed to see that record of the execution case is scanned and made available to this Court within a week. List the case on 22nd August, 2025. The interim relief granted earlier to continue till the next date of hearing.
Sd/-
(Narendra Kumar Vyas) JUDGE
Deshmukh
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