Parikshit Sahu vs Amritlal
2025 Latest Caselaw 770 Chatt

Chattisgarh High Court

Parikshit Sahu vs Amritlal on 25 July, 2025

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Digitally
signed by
AVANISH
KUMAR                HIGH COURT OF CHHATTISGARH AT BILASPUR
PATHAK
Date:
2025.07.29
10:50:06                                    SA No. 32 of 2024
+0530
                                   JAGDISH versus AMRITLAL

                                              SA/173/2024

                                              Order Sheet


             25/07/2025         Mr. H.B. Agrawal, Sr. Adv. with Ms. Preeti Yadav, Adv.
                          for the appellants.
                                Mr. Ritesh Giri, PL for the State/R-16.

                                                     SA No. 173/2024

                                Heard on I.A. No. 1/2024, application for permission

                          to file appeal.

                                Learned counsel for the appellant would submit that,

                          vide judgment and decree dated 29-11-2023 passed by the

                          1st Addl. District Judge, Saraipali, Distt. Mahasamund in

                          Civil Appeal No. 8A/2018, registered sale deed dated 18-5-

                          2001 executed by        Sundarmoti and Sundraj in favour of

                          appellant Parikshit Sahu has been declared null and void,

                          whereas appellant Parikshit Sahu was not party before the

                          trial Court or the 1st appellate Court. He further submits that,
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because of aforesaid decree, interest of appellant herein

shall be adversely affected, therefore, he may be permitted

to file instant appeal.

      On due consideration, I.A. No. 1/2024 is allowed.

Appellant Parikshi Sahu is permitted to file instant appeal.

      Heard on admission and formulation of substantial

question of law in both the appeals.

      The second appeals are admitted for hearing on the

following substantial questions of law :-

              1.     Whether learned 1st appellate

              Court was justified in reversing the

              finding of the learned trial Court by

              holding that no partition was effected

              between Bodhan, Jiodhan and Parma

              (sons of Bahidar ?



              2.     Whether      the   land      sold    by

              Sundarmoti        and     Sundraj          vide

              registered sale deed dated 28-5-1999

              and 18-5-2001 in favour of appellants

              Jagdish       and       Parikshit      Sahu

              respectively, is within the limit of their
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                       share    in suit property,   therefore,

                       learned 1st appellate Court erred in

                       law by holding the sale deeds null and

                       void ?

                 Mr. Ritesh Giri, PL accepts notice on behalf of

         respondent No. 16/ State, hence issuance of notice to it is

dispensed with.

Issue notice to the other respondents No. 1 to 15

through registered post as well as usual mode. PF within a

week.

Sd/-

(Naresh Kumar Chandravanshi) JUDGE

Pathak