Gangaprasad (Dead) Through Lrs vs Munnalal
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Chattisgarh High Court

Gangaprasad (Dead) Through Lrs vs Munnalal on 5 May, 2025

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              HIGH COURT OF CHHATTISGARH AT BILASPUR

                               SA No. 116 of 2025

1 - Gangaprasad (Dead) Through Lrs. (Defendants) Address- Nil
        1.1 - (A) Shubham Rathore S/o Late Gangaprasad Rathore Aged About
30 Years R/o Village Hardi, Tahsil- Anbhar, District Sakti, Chhattisgarh.
        1.2 - (B) Sagar Rathore S/o Late Gangaprasad Rathore Aged About 27
Years R/o Village Hardi, Tahsil- Anbhar, District Sakti, Chhattisgarh.
        1.3 - (C) Suraj Rathore S/o Late Gangaprasad Rathore Aged About 25
Years R/o Village Hardi, Tahsil- Anbhar, District Sakti, Chhattisgarh.
        1.4 - (D) Shardadevi Rathore W/o Late Gangaprasad Rathore Aged About
57 Years R/o Village Hardi, Tahsil- Anbhar, District Sakti, Chhattisgarh.
        1.5 - (E) Kavita D/o Late Gangaprasad Aged About 37 Years W/o Ramesh
Rathore, R/o Village Gatora, Tahsil And District Bilaspur, Chhattisgarh. Present
Address- Ramkrishna Chauk, Ward No. 8, Bilaspur, Tahsil And District Bilaspur,
Chhattisgarh.
        1.6 - (F) Sarita Rathore D/o Late Gangaprasad Aged About 35 Years W/o
Ramesh Rathore, R/o Behind Village Hardibazar Police Outpost, Tahsil Pali,
District Korba, Chhattisgarh.
        1.7 - (G) Seema Rathore D/o Late Gangaprasad Aged About 33 Years R/o
Korba, Tahsil And District Korba, Chhattisgarh.                      ... Appellants

                                     versus

1 - Munnalal S/o Puniram Aged About 51 Years Mother Late Sahodara Bai
Rathore, R/o Village Hardi, Post And Tahsil- Anbhar, District Sakti, Chhattisgarh.
(Plaintiff No. 1)
2 - Smt. Rajkumari D/o Puniram Aged About 43 Years Mother Late Sahodara Bai
Rathore, W/o Vishwanath Rathore, R/o Post Office Halahunli, Tahsil Kharsiya,
District Raigarh, Chhattisgarh. (Plaintiff No. 2)
3 - Keshav Prasad S/o Late Sundarlal Rahthore Aged About 34 Years Mother
Late Durgabai, R/o Village Hardi, Post And Tahsil- Anbhar, District Sakti,
Chhattisgarh. (Defendant No. 3)
4 - Chuneshwari D/o Sundarlal Aged About 42 Years Mother Late Durgabai
Rathore, W/o Parmanand Rathore, R/o Village Kera Road, Near Bhatapara Girls
                                           2

College, Ward No. 25 Janjgir, District Janjgir-Champa, Chhattisgarh. (Defendant
No. 4)
5 - Sewti D/o Sundarlal Aged About 39 Years Mother Late Durgabai Rathore,
W/o Parmeshwar Rathore, R/o Village Kera Road, Near Bhatapara Girls College,
Ward No. 25 Janjgir, District Janjgir-Champa, Chhattisgarh. (Defendant No. 5)
6 - Lata D/o Sundarlal Aged About 32 Years Mother Late Durgabai Rathore, W/o
Suresh Rathore, R/o And Post Office Halahunli, Tahsil Kharsiya, District Raigarh,
Chhattisgarh. (Defendant No. 6)
7 - Rajni D/o Sundarlal Aged About 29 Years Mother Late Durgabai Rathore, W/o
Khageshwar Rathore R/o Charpara, Post Office Purena, Tahsil Kharsiya, District
Raigarh, Chhattisgarh. (Defendant No. 7)
8 - State Of Chhattisgarh Through Collector Sakti, District Sakti, Chhattisgarh.
(Defendant No. 2)
                                                               ... Respondents

(Cause title taken from Case Information System)

Order Sheet

05/05/2025 Mr. Devesh G. Kela, counsel for the appellants.

Mrs. Mukta Tripathi, P.L. for the State/respondent No.8. Heard.

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

"Whether, granting decree by the Trial Court and upheld by the First Appellate Court is perverse and illegal on the count that since mother of plaintiffs namely; Late Sahodara Bai herself had not accrued right/title over the suit property as per Section 14 of the Hindu Succession Act, 1956, therefore, plaintiffs are not entitled to get any right on it? "

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 respondent No.8, hence issuance of notice to it, is dispensed with.

Process fee be paid within a week only for respondents No.1 to 7.

Also heard on I.A. No.01/2025, application under Order 41 Rule 5 read with Section 151 of the CPC for staying effect and operation of the impugned judgment and decree dated 29.04.2023 passed by Civil Judge, Class-II, Malkharoda, District Janjgir-Champa (CG) in Civil Suit No. 30A/2017 and upheld by First Appellate Court vide judgment and decree dated 25.01.2025 in Civil Appeal No.35A/2023.

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

Meanwhile, purely as an interim measure, it is directed that the effect and operation of aforesaid two judgments and decree passed by the trial Court as well as the First Appellate Court shall remain stayed till the next date of hearing subject to furnishing surety of Rs.5000/- by appellants herein to the satisfaction of the concerned trial Court/executing Court within a period of 30 days from today for due performance of the decree ultimately to be passed by this Court.

Sd/-

                                                       (Naresh Kumar Chandravanshi)
                Rukhsar                                           Judge


        Digitally
        signed by
        RUKHSAR
RUKHSAR BANO
BANO    Date:
        2025.05.05
        17:35:43
        +0530