Ram Bai vs Amit Kumar
2025 Latest Caselaw 591 Chatt

Chattisgarh High Court

Ram Bai vs Amit Kumar on 9 June, 2025

                                       1




              HIGH COURT OF CHHATTISGARH AT BILASPUR

                              SA No. 97 of 2025

1 - Ram Bai W/o Sukh Ram Suryawanshi Aged About 52 Years R/o Village-
Dudaga, Tahsil-Pamgarh, Civil And Revenue District-Janjgir-Champa (C.G.)
                                                                 ... Appellant

                                    versus

1 - Amit Kumar S/o Daras Ram Aged About 28 Years Caste-Suryawanshi, R/o
Village-Jagmahant, Tahsil- Nawagarh, Civil And Revenue District-Janjgir-
Champa (C.G.) (Plaintiff)
2 - Sona Bai W/o Shivcharan Suryawanshi Aged About 44 Years R/o Village-
Dhurkot, Tahsil-Janjgir, Civil And Revenue District-Janjgir-Champa (C.G.)
(Defendant No. 1)
3 - State Of Chhattisgarh Through- The District Collector Janjgir, Civil And
Revenue District- Janjgir-Champa (C.G.) (Defendant No. 4)
                                                             ... Respondents

(Cause title taken from Case Information System)

Order Sheet

09/06/2025 Mr. Paras Mani Shriwas, learned counsel for the appellant.

Mrs. Mukta Tripathi, P.L. for the State/respondent No.3. Heard.

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

"Whether, the First Appellate Court was justified in

reversing the finding of trial Court by holding that Smt. Jeet Kunwar had no right to cancel the Will (Ex. P-1C) dated 23.04.2010 executed by her and her husband Deviram in favour of the plaintiff -Amit Kumar as suit property was obtained by Deviram in partition between his brothers?"

Issue notice to the respondents on memo of appeal along with aforesaid substantial question of law by ordinary post as well as registered post.

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

P.F. be paid within a week only for respondents No.1 & 2. Also heard on I.A. No.01/2025, application under Order 41 Rule 5 of the Civil Procedure Code for interim relief/stay.

Issue notice to the respondents on aforesaid application also, as above.

Meanwhile, purely as an interim measure, it is directed that effect and operation of the impugned judgment and decree dated 14.01.2025 passed by the 4th District Judge, Janjgir, District Janjgir-Champa (C.G.) in Civil Appeal No.40A/2022 shall remain stayed till the next date of hearing subject to furnishing surety of Rs.25,000/- by appellant herein to the satisfaction of the concerned trial Court/executing Court within a period of two months from today for due performance of the decree ultimately to be passed by this Court.

Sd/-

(Naresh Kumar Chandravanshi) JUDGE Rukhsar

Digitally signed by RUKHSAR RUKHSAR BANO BANO Date:

2025.06.09 16:23:49 +0530