This judgment dismissed a first appeal under Section 96 CPC as having abated. The High Court held that the appellant, Smt. Indu Bai Mhuskey, died in June 2010, rendering the continuation of the proceedings impossible without a legal successor.
The appeal was dismissed as having abated due to the death of the appellant.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN TiIE HIGH COURT OF CHHATTISGARH AT BILASPUR
First AppealNo. f^.^of 2009 .®,
APPELLANT /PLAINTIFF
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Smt. Indu Tai Mhuskey, aged about 62 years, W/o Late Balkrishna Mhuskey, working as Teacher at Chhotapara Primary Girls School, Raipur, Residenf of a House No. 44/66-67 : Amba Devi Mandir Road, Satti Bazai, Raipur City, Tahsil and District Raipur (C.G.)
Versus
RE.SPONDENTS 1. J3EFENDANTS /
Bhaskar Rao Dumbhare Aged about 46 years Photographer by profession having its place of business "Mansi-Studio" at Bumleshwari Mandir Chowk, Dangania Raipur, Resident of House No. 44/66-67 Amba Devi Mandir Road, Satti-Bazar, Raipur City, Tahsil and District Raipur (C.G.) Raipur Develolpment Authority, a unit of State Urban Development Authority having its office at Bajrang Market R.D.A. Building, G.E. Road, Raipur (C.G.)
FIRST APPEAL UNDER SECTION 96 OF THE CODE OF CIVIL PROCEDURE
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M-HC—78
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an^i^i RI i«Ipi<fl-f'nRiH{'86'<A <Ri-'i< ^CTIW ^fersn^i ^isiRnsn^r W)T31l5<]!»>1 SB : Hon'ble Shri Manindra MfchanShrivastava, J. 9.1.2015 ShriAditya Kumar, couns 1 for the appellant. None forrespondent No. 1 •ven in the second round. . Shri Pankaj Agrawal, courlsel for respondent No.2. On 20.11.2014, SPC was| directed to be issued to the appellant. Service report of SF|CS.shows that the appellant has died in the month of June,| 2010. A death certificate is also attached along with the reF|ort In view of the above, the EJppeal is dismissed as having , been abated. Manindra Mohan Sbriviastava
Praveen
1 issue framed by the court
Whether the first appeal filed by the appellant can be admitted when she has deceased.
1 provisions across 1 enactments
Smt. Indu Bai Mhuskey
Bhaskar Rao Dumbhare
Raipur Development Authority
Manindra Mohan Shrivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
