Dulari Bai Dewangan vs Jagdish Lal Dewangan
2025 Latest Caselaw 732 Chatt

Chattisgarh High Court

Dulari Bai Dewangan vs Jagdish Lal Dewangan on 24 July, 2025

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Digitally signed
by AVANISH
KUMAR                     HIGH COURT OF CHHATTISGARH AT BILASPUR
PATHAK
Date:                                     SA No. 11 of 2022
2025.07.26
17:02:04 +0530            DULARI BAI DEWANGAN versus JAGDISH LAL DEWANGAN
                                            SA/357/2021
                                            Order Sheet


                   24/07/2025         Mr. Parag Kotecha, Adv. for the appellants.
                                      Mr. Rajeev Bharat, GA for the respondent No. 1.

Mr. MPS Bhatia, Adv. for respondent No. 1 in SA No. 357/2021.

Mr. Sudhir Bajpai, Adv. for respondent No. 2 in SA No. 11/2022.

On 24-1-2022, SA No. 357/2021 was admitted on the following substantial question of law :-

"Whether the First Appellate Court was justified in reversing the judgment and decree when the issue with regard to entitlement of illegitimate child is pending consideration before the larger Bench of Hon'ble Supreme Court ?

Learned counsel for both the parties submit that, aforesaid issue has been resolved by Hon'ble Apex Court in the case of Revanasiddappa Vs. Mallikarjun [(2023) 10 SCC 1]. Therefore, they submit that, aforesaid question of law has become redundant.

On 10-9-2024, SA No. 11/2022 was admitted for

hearing on following substantial questions of law :-

i) Whether the first appellate Court was justified in reversing the finding of the learned trial Court by holding that defendant Dulari Bai was not a legitimate child of Dayaram ?

ii) Whether the first appellate Court was erred in holding that since the suit property is the ancestral property of Dayaram, as such, being illegitimate child, the defendant is not entitled to get share of the suit property?

The substantial questions of law framed in SA No. 11/2022 are also supposed to be the substantial questions of law in SA No. 357/2021. In this regard, learned counsel for both the parties also extended their consent. Therefore, they are framed accordingly.

Since in changed circumstances, the substantial questions of law are framed in SA No. 357/2021 today itself, therefore, time is granted to learned counsel for both the parties to prepare their case and make final submission.

List the case for final hearing in motion stage in the week commencing 25-8-2025.

Sd/-

                                  (Naresh Kumar Chandravanshi)
Pathak                                           JUDGE