Chattisgarh High Court
Goukaran Lodhi vs Anita Bai on 9 June, 2025
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Digitally signed
by AVANISH
KUMAR
PATHAK
Date: HIGH COURT OF CHHATTISGARH AT BILASPUR
2025.06.11
10:19:50 +0530
SA No. 469 of 2022
1 - Goukaran Lodhi S/o Thanuram Aged About 56 Years R/o Village Bamhani,
Tehsil Kawardha. (Defendant No.1), District : Kawardha (Kabirdham),
Chhattisgarh
... Appellant
versus
1 - Anita Bai D/o Goukaran Lodhi Aged About 30 Years R/o Village Jinda, Tehsil
Kawardha. (Plaintiff), District : Kawardha (Kabirdham), Chhattisgarh
2 - Sarahi Bai W/o Goukaran Lodhi Aged About 65 Years R/o Village Bamnhi,
Police Station And Tehsil Kawardha. (Defendant No.2), District : Kawardha
(Kabirdham), Chhattisgarh
3 - Kumari Bai D/o Goukaran Lodhi Aged About 38 Years R/o Village
Gangibahara, Tehsil S. Lohara. (Defendant No.4), District : Kawardha
(Kabirdham), Chhattisgarh
4 - Dukhanbai W/o Mohitram D/o Goukaran Lodhi Aged About 34 Years R/o
Village Danightholi, Tehsil S. Lohara. (Defendant No.6), District : Kawardha
(Kabirdham), Chhattisgarh
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5 - Dhaniram S/o Muniram Lodhi Aged About 30 Years R/o Village
Khairjhitikhurd And Near Santoshi Mata Temple, Katulbord Durg, Tehsil Durg.
(Defendant No.8), District : Durg, Chhattisgarh
6 - Manisha D/o Dhaniram Lodhi Aged About 6 Years Through Legal Guardian
Father Dhaniram S/o Muniram Lodhi, R/o Village Khairjhitikhurd And Near
Santoshi Mata Temple, Katulbord Durg, Tehsil Durg. (Defendant No.9)
7 - Nagesh S/o Dhaniram Lodhi Aged About 4 Years Through Legal Guardian
Father Dhaniram S/o Muniram Lodhi, R/o Village Khairjhitikhurd And Near
Santoshi Mata Temple, Katulbord Durg, Tehsil Durg. (Defendant No.10)
8 - State Of Chhattisgarh Through Collector Kabirdham, Chhattisgarh.
(Defendant No.7)
9 - Baldau @ Ballu S/o Goukaran Aged About 32 Years R/o Village Bamhani,
Tehsil Kawardha. (Defendant No.3), District : Kawardha (Kabirdham),
Chhattisgarh
10 - Pyaribai W/o Baldau, S/o Goukaran Lodhi Aged About 36 Years R/o Village
Charbhanta, Tehsil Sahaspur Lohara. (Defendant No.5), District : Kawardha
(Kabirdham), Chhattisgarh
... Respondents
Order Sheet
09/06/2025 Mr. Virendra Verma, Adv. appears on behalf of Mr.
Dharmesh Shrivastava, Adv. for the appellant.
Ms. Mukta Tripathi, PL for the State/respondent No.
Heard on admission and formulation of substantial
question of law.
The second appeal is admitted for hearing on the
following substantial question of law :-
Whether both the learned
Courts below erred in holding that,
defendant No. 1 Goukaran Lodhi is
biological father of plaintiff Smt. Anita
Bai ?
Issue notice to the respondents No. 1 to 7, 9 and 10
along with above substantial question of law, through
registered post as well as usual mode. PF within a week.
Learned Panel Lawyer accepts notice on behalf of
respondent No. 8, hence issuance of notice to it is
dispensed with.
Also heard on I.A. No. 1/2022., application under
Order 41 Rule 5 of the C.P.C.
This is an application for staying the effect and
operation of the impugned judgment and decree dated 11-
2-2019 passed by the 1st Civil Judge Class I, Distt.
Kabirdham (Kawardha) in Civil Suit No. 90-A/2014 upheld
by the District Judge, Kabirdham (Kawardha) vide
judgment and decree dated 23-7-2022 passed in Civil
Appeal No. 10-A/2019.
Issue notice as above.
Having considered the facts of the case, purely as an
interim measure, it is directed that effect and operation of
the impugned judgment and decree dated 11-2-2019
passed by the 1st Civil Judge Class I, Distt. Kabirdham
(Kawardha) in Civil Suit No. 90-A/2014 upheld by the
District Judge, Kabirdham (Kawardha) vide judgment and
decree dated 23-7-2022 passed in Civil Appeal No.
10-A/2019 shall remain stayed, till the next date of hearing,
subject to appellant's furnishing security of Rs. 50,000/- to
the satisfaction of the trial Court/Executing Court within a
period of sixty days from today for due performance of the
decree which may ultimately be passed by this Court.
Certified copy as per rules.
Sd/-
(Naresh Kumar Chandravanshi)
JUDGE
Pathak
