The Chhattisgarh High Court dismissed a second appeal for want of prosecution after the appellants failed to appear even after being called in the second round, leading to the rejection of a condonation of delay application.
Rejection of IA for condonation of delay; dismissal of the second appeal.
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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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Second Appeal No. 27 of 2010
1. Smt. Viraso @ Kayaso Bai, Wd/o. Late Thakur Yadav, aged 65 years, R/o. Village Patna (Parsapara), Tahsil Baikunthpur, Distt. Korea (CG)
2. Devdhari @ Bhothi, S/o. Late Tjhakur yadav, aged 41 years, R/o. Village Patna (Parsapara), Tahsil Baikunthpur, Distt. Korea (CG)
3. Brijlal @ Lallu S/o. Late Thakur Yadav, aged 38 years, Agriculturist & Colliery Worker, R/o. Village Patna (Parsapara), Tahsil Baikunthpur, Distt. Korea (CG)
4. Bira, S/o. Late thakur Yadav, aged 36 years, R/o. Village Patna (Parsapara), Tahsil Baikunthpur, Distt. Korea (CG)
5. Konda S/o. Late Thakur Yadav, aged 32 years, R/o. Village Patna (Parsapara), Tahsil Baikunthpur, Distt. Korea (CG)
6. Smt. Guddi Bai, D/o. Late Thakur Yadav W/o. Shiv Prasad Yadav, aged 24 years, R/o. Village Patna (Parsapara), Tahsil Baikunthpur, Distt. Korea (CG)
7. Shyam Lal S/o. Late Nehru Ahir, aged 37 years, R/o. Village Patna (Jhumarpara) Tahsil Baikunthpur, Distt. Korea (CG)
8. Smt. Babli Yadav, Wd/o. Late Ramlal aged 29 years, R/o. Village Patna (Jhumarpara) Tahsil Baikunthpur, Distt. Korea (CG)
9. Brij Bihari S/o. Late Nehru Ahir, aged 32 years, R/o. Village Patna (Jhumarpara) Tahsil Baikunthpur, Distt. Korea (CG)
10. Smt. Maniyaro Bai, Wd/o. Late Dadu Ram aged 60 years, R/o. Village Patna (Parsapara) Tahsil Baikunthpur Distt. Korea (CG)
11. Gandhi Yadav, S/o. Late Daduram Yadav, aged 32 years, Occupation Agriculturist, R/o. Village Patna (Parsapara) Tahsil Baikunthpur Distt. Korea (CG)
12. Smt. Gendi Bai D/o. Sukhdev Prasad aged 55 yewars, W/o. Mohan Yadav (since dead) (leaving no legal heir), R/o. Village Patna (Parsapara) Tahsil Baikunthpur Distt. Korea (CG)
---- Appellants
Versus
1. Bishveshwar Nand @ Bindeshwari Nand S/o. Ramchand Pandey, aged 48 years, Occupation Agriculturist & Business R/o. Village patna, Post patna, Tahsil baikunthpur Distt. Korea (MP)
2. Smt. Urmila Devi, Wd/o. Late Lalman Yadav, aged 63 years, House Wife,
3. Rajuram Late Lalman Yadav, aged 40 years,
4. Bhanuprasad late lalman Yadav, aged 35 years,
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5. Ku. Kanta late lalman Hyadav, aged 26 years,
6. Sanjay Kumar Late Lalman Yadav, aged 20 years,
7. Ku. Usha Late Lalman yadav, aged 11 years, Minor through Urmila Devi
8. State of Chhattisgarh through Collector Korea Residence & Post Baikunthpur Distt. Korea (CG)
---Respondents
For Appellants : None present For Respondents 1 to 7 : None present For Respondent No.8 : Shri Ravi Bhagat, Dy. Govt. Advocate
Hon’ble Shri Justice Sanjay K. Agrawal Order on Board
05.01.2021.
1. None present for the appellants even when the matter is called for
hearing in the second round.
2. Since none appears to represent the appellants, IA No.01/2007 for condonation of delay in filing the instant appeal is hereby rejected.
prosecution.
Sd/-
(Sanjay K. Agrawal)
JUDGE
Bini
1 issue framed by the court
Whether the second appeal should be heard in the absence of the appellants.
Viraso @ Kayaso Bai anr.
Bishveshwar Nand @ Bindeshwari Nand anr.
Sanjay K. Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
