Citation : 2025 Latest Caselaw 3084 Chatt
Judgement Date : 17 June, 2025
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
SA No. 609 of 2024
1 - Ramadhar S/o Nankiram Aged About 81 Years R/o Village- Hasaud, Tahsil-
Jaijaipur, Present Revenue District - Sakti, C.G. (Defendant)
2 - Bhupendra S/o Ramadhar Aged About 61 Years R/o Village- Hasaud, Tahsil-
Jaijaipur, Present Revenue District - Sakti, C.G. (Defendant)
... Appellants
versus
1 - Ravishankar S/o Rameshwar Teli Aged About 68 Years R/o Village- Hasaud,
Tahsil- Jaijaipur, Present Revenue District - Sakti, C.G. (Plaintiff)
2 - State Of Chhattisgarh Through District Collector- Janjgir-Champa, C.G. (Def.
No. 2)
... Respondents
Order Sheet
17/06/2025 Mr. Hari Agrawal, counsel for the appellants.
Mr. Amandeep Singh, Panel Lawyer for the State/ respondent No.2.
Heard.
This appeal is admitted for hearing on the following substantial question of law:-
Whether the trial Court as well as the first appellate Courts were erred in law in granting decree of title in favour of the plaintiff, whereas the plaintiff is not in possession of suit land and relief for
BINI PRADEEP PRADEEP Date:
2025.06.18 11:02:50 +0530
possession was not sought by him?
Issue notices to respondent No.1 on this appeal along with a copy of substantial questions of law and also on IA No.1/2024, application under Order 41 Rule 5 read with Order 42 Rule 1 and Section 151 of the CPC, by ordinary mode as well as by registered mode.
PF be paid within a week.
Meanwhile, purely as an interim measure, it is directed that effect and operation of impugned judgment and decree dated 27.02.2023 passed by Civil Judge, Class-II, Jaijaipur Distt. Janjgir Champa in Civil Suit No.35A/2019 and upheld by Second District Judge, Sakti, Distt. Janjgir Champa vide Judgment and decree dated 20.8.2024 passed in Civil Appeal No.15A/2023, shall remain stayed till the next date of hearing, subject to furnishing security of Rs.50,000/- to the satisfaction of the concerned Court/executing Court within a period of 30 days from today for due performance of the decree ultimately to be passed against the appellant.
Sd/-
(Naresh Kumar Chadnravanshi) Judge
Bini
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