The High Court of Chhattisgarh held the second appeal withdrawn by the appellants with liberty to raise all legal and permissible grounds in a prior pending second appeal filed by the respondents.
The second appeal was dismissed as withdrawn, reserving liberty to raise all legal and permissible grounds in Second Appeal No.467/2007. No costs.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Second Appeal No.77 of 2019
Mahendra S/o Hori Lal Yadav, aged about 40 years,Rajendra S/o Hori Lal Yadav, aged about 48 years,Brihaspati Bai D/o Hori Lal Yadav, aged about 48 years,Shanti Bai Wd/o Late Hori Lal Yadav, aged about 60 years, All are legal representative of original plaintiff Horilal Yadav and are R/o Village Torga, Tahsil Janjgir, District Janjgir-Champa (Chhattisgarh)---- Appellants/PlaintiffsVersus
Smt.Shanti Bai Wd/o Late Shri Dhanaram, aged about 45 years,Smt.Dhanwantin Yadav Wd/o late Bangla @ Jawahar Lal Yadav, aged about 36 years,Ku.Vanshika Yadav D/o Late Bangla @ Jawahar Lal Yadav, aged about 8 years,Amit Kumar Yadav, S/o Late Bangla @ Jawahar Lal Yadav, aged about 7 years, Respondents No.3 & 4 being minor represented through mother Smt.Dhanwantin Yadav, respondent NO.2 and respondent No.2 to 4 are legal representative of Bangla @ Jawahar Lal YadavR/o Yadavpara, Barpali, Champa, Tahsil Champa, District Janjgir-Champa (Chhattisgarh) Respondents No.3 & 4 being minor through the natural guardian mother namely Smt.Bhanwantin Yadav, Wd/o Late Bangla @ Jawahar Lal Yadav.Suresh S/o Late Shri Dhanaram, aged about 20 years, all by caste Yadav, R/o Yadavpara, Barpali, Champa, Tahsil Champa, District Janjgir Champa (CG)State of Chhattisgarh through the Collector, Bilaspur (now Janjgir-Champa) (C.G.)---- Respondents/Defendants
For Appellants/Plaintiffs:
Mr.Sourabh Sharma, Advocate
For Respondents No.1, 2 & 5/Defendants:
Mr.V.K.Pandey, Advocate
For Respondent No.6:Mr.Akash Pandey, P.L.
Hon'ble Shri Justice Sanjay K. Agrawal
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Judgment on Board
03/01/2020
Heard on I.A.No.01/2019 for condonation of delay in filing the appeal.After arguing for fairly long time on the application for condonation of delay, learned counsel for the appellants/plaintiffs submits that the appellants may be permitted to withdraw this second appeal with liberty to raise all legal and permissible grounds in Second Appeal No.467/2007 filed by Smt.Shanti Bai and others, respondents herein, which is pending before this Court.Prayer appears to be fair and reasonable.Accordingly, the second appeal is dismissed as withdrawn reserving liberty in favour of the appellants/plaintiffs to raise all legal and permissible grounds in Second Appeal No.467/2007. No cost(s). Sd/-
(Sanjay K. Agrawal)
Judge
B/-
1 issue framed by the court
Whether the appellants can withdraw the pending second appeal with liberty to raise grounds in another pending appeal.
Mahendra S/o Hori Lal Yadav and others
Smt.Shanti Bai Wd/o Late Shri Dhanaram and others
Sanjay K. Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court