Tulsidas vs Urmila
2025 Latest Caselaw 3164 Chatt

Chattisgarh High Court

Tulsidas vs Urmila on 20 June, 2025

                                                      1




                               HIGH COURT OF CHHATTISGARH AT BILASPUR
        Digitally


                                            SA No. 334 of 2025
RAVI    signed by
SHANKAR RAVI
MANDAVI SHANKAR
        MANDAVI




                    1 - Tulsidas S/o Late Shri Ramdhani Aged About 46 Years R/o Village
                    Shardapur (E), Post Bartikala, Tehsil Wadrafnagar, District
                    Balrampur- Ramanujganj (C.G.) (Defendants)

                    2 - Kalidas @ Kapil S/o Late Shri Ramdhani Aged About 30 Years
                    R/o Village Shardapur (E), Post Bartikala, Tehsil Wadrafnagar,
                    District Balrampur- Ramanujganj (C.G.)
                                                                  ... Appellants

                                                   versus

                    1 - Urmila D/o Late Shri Dharmpal Aged About 43 Years Occupation-
                    House Wife, R/o Village Shardapur (E), Post Bartikala, Tehsil
                    Wadrafnagar, District Balrampur- Ramanujganj (C.G.) Presently
                    Residing At Village Rajkheta, Tehsil Wadrafnagar, District Balrampur-
                    Ramanujganj                                                     (C.G.)

                    2 - Vrihaspatiya D/o Late Shri Ramdhani Aged About 34 Years R/o
                    Village Shardapur (E), Post Bartikala, Tehsil Wadrafnagar, District
                    Balrampur-       Ramanujganj      (C.G.)     (Defendant     No.3)

                    3 - State Of Chhattisgarh Through Collector, District Balrampur-
                    Ramanujganj (C.G.) (Defendant No.4)
                                                                  ... Respondent(s)

Order on Board

20/06/2025 Mr. Vivek Kumar Agrawal, learned counsel for the appellants.

Mr. Santosh Soni, learned Govt. Advocate for the State/respondent No.3.

This appeal is admitted for hearing on the following substantial question of law:-

"Whether highly strict view has been taken by the learned First Appellate Court while dismissing the first appeal filed by the appellant/defendant on ground of limitation"

Issue notice to the respondents No.1 & 2 on this appeal along with a copy of substantial questions of law, by ordinary mode as well as by registered post.

Also heard I.A. No.01 of 2025, application filed under Order 41 Rule 5 of CPC.

Issue notice to the respondents No.1 & 2 on I.A. No.01 of 2025, application filed under Order 41 Rule 5 of CPC, by ordinary as well as by registered post.

PF be paid within a week.

Learned State counsel accepts notice on behalf of State/respondent No.3, therefore, issuance of notice to it is dispensed with.

Meanwhile, purely as a interim measure, it is directed that effect and operation of impugned judgment and decree dated 17.04.2018 passed by learned Civil Judge, Clas II, Wadrafnagar, District Balrampur- Ramanujganj in Civil Suit No.21A/2014, shall remain stayed till next date of hearing subject to furnishing security of Rs.25,000/- 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 appellants.

Registry is directed to call for the record of trial Court as well as First Appellate Court.

List this case thereafter.

Sd/-

(Naresh Kumar Chandravanshi) Judge

Ravi Mandavi