Vishnu Ballbh Mishra (Died Through Lrs) vs Govind Prasad Heda
2025 Latest Caselaw 231 Chatt

Chattisgarh High Court

Vishnu Ballbh Mishra (Died Through Lrs) vs Govind Prasad Heda on 9 May, 2025

                                                        1




                             HIGH COURT OF CHHATTISGARH AT BILASPUR

                                              SA No. 258 of 2025

                   1. Vishnu Ballbh Mishra (Died Through Lrs) (Died On 01-04-2025) After The
                      Passing The Judgment And Decree Of Lower Appellate Court).
                      1a. Vinayak Datt Mishra, S/o Late Vishnu Balbha Mishra, Aged About 49
                      Years, Caste Bharmhan, R/o Ward No.5, Bazar-Road, Kunkuri, Post, P.S.
                      & Tahsil Kunkuri, District Jashpur, Chhattisgarh.
                      1b. Shrinayak Mishra, S/o Late Vishnu Balbha Mishra, Aged About 46
                      Years, Caste Bharmhan, R/o Ward No.5, Bazar-Road, Kunkuri, Post, P.S.
                      & Tahsil Kunkuri, District Jashpur, Chhattisgarh.
                      1c. Kirti Nayak Mishra, S/o Late Vishnu Balbha Mishra, Aged About 43
                      Years, Caste Bharmhan, R/o Ward No.5, Bazar-Road, Kunkuri, Post, P.S.
                      & Tahsil Kunkuri, District Jashpur, Chhattisgarh.
                   2. Vishnukant Mishra, S/o Late Ramchandra Mishra, Aged About 61 Years,
                      Caste Bharmhan, R/o Ward No.5, Bazar-Road, Kunkuri, Post, P.S. &
                      Tahsil Kunkuri, District Jashpur, Chhattisgarh.
                                                                                     ... Appellants


                                                     versus


                   1. Govind Prasad Heda, S/o Ramkaran Heda, Aged About 48 Years, Caste
                      Maheshwari, Occupation Advocacy, R/o Ward No.5, Bazar-Road, Kunkuri,
                      Post, P.S. & Tahsil Kunkuri, District Jashpur, Chhattisgarh.
                   2. State Of Chhattisgarh, Through Collector Jashpur, District Jashpur,
                      Chhattisgarh.
                                                                                   ... Respondents

(Cause title taken from Case Information System) Digitally DEEPTI signed by JHA DEEPTI NIRALA JHA NIRALA

Order Sheet

09/05/2025 Mr. Hemant Gupta, counsel for the appellants.

Mr. Mandavi Bhardwaj, P.L. for the State/respondent No.2.

Heard on I.A. No.3/2025, application under Rule 125 (1) of

Chhattisgarh High Court Rule, 2007 and also on I.A. No.1/2025,

application under Order 22 Rule 3 (1) of CPC.

Counsel for the appellants submits that original plaintiff

No.1 / Vishnu Ballabh Mishra died on 01.04.2025 after rendering

the judgment by the First Appellate Court, therefore, his Lrs'

along with original plaintiff No.2 / Vishnukant Mishra may be

permitted to institute instant second appeal and they may be

permitted to implead Lrs' of appellant No.1 / Vishnu Ballabh

Mishra.

State counsel has no objection allow the aforesaid two

applications.

On due consideration, aforesaid two applications are

allowed and Lrs' of deceased plaintiff No.1 / Vishnu Ballabh

Mishra along with original plaintiff No.2 / Vishnukant Mishra are

permitted to file appeal and Lrs. Of Oringinal plaintiff No.1 Late

Vishnu Ballabh Mishra are also permitted to be impleaded them

as his Lrs'.

Issue notice to the respondents, as per rules on I.A.

No.2/2025, application under Order 39 Rule 1 & 2 read with

Section 151 of CPC.

State counsel accepts notice on behalf of

State/respondent No.2, therefore, issuance of notice to it, is

dispensed with.

P.F. be paid within a week, only for respondent No.1.

Meanwhile, purely as an interim measure, it is directed

that 'status quo', as it exists today shall be maintained by the

parties, in respect of the suit property till the next date of hearing.

Call for record of the trial Court as well as the first

appellate Court.

List the matter thereafter.

Sd/-

(Naresh Kumar Chandravanshi) Judge