Disposed

Sanjay Kumar Gupta v. Smt.laxmi Gupta And Ors.

Chhattisgarh HC17 Apr 2023SA/337/2012

Case brief

AI extract

What is this about?

Second appeal in a succession dispute was disposed of by granting liberty to the appellant to file a fresh suit to recalculate shares among heirs following the death of a co-owner, without disturbing previous decrees. The matter was treated as dependent on subsequent events. No substantive legal principle was formulated.

What did the court decide?

Second appeal disposed of; liberty granted to file a fresh suit to claim shares based on subsequent death.

Sanjay Kumar Gupta Vs Smt.laxmi Gupta And Ors. — Succession and Inheritance | Chhattisgarh HC (2023)

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NAFR

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AHIGH COURT OF CHHATTISGARH, BILASPUR

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S.A. No. 337 of 2012

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Sanjay Kumar Gupta S/o Gajanand Gupta Aged About 50 Years R/o Kalika Nagar, Kawardha, Dist. Kabirdham Kawardha C.G., Chhattisgarh (C.G.)

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-----Appellant

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Versus

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Smt.Laxmi Gupta And Ors. W/o Gajanand Gupta Aged About 53 Years R/o Thakurpara, Kawardha, Tahsil Kawardha, District Kabirdham Kawardha C.G., Chhattisgarh

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Sujeet Kumar S/o Gajanand Gupta Aged About 35 Years R/o Thakurpara, Kawardha, Tahsil Kawardha, District Kabirdham Kawardha C.G., District : Kawardha (Kabirdham), Chhattisgarh

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Shailendra Kumar S/o Gajanand Gupta Aged About 33 Years R/o Thakurpara, Kawardha, Tahsil Kawardha, District Kabirdham Kawardha C.G., District : Kawardha (Kabirdham), Chhattisgarh

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Swapana Gupta D/o Gajanand Gupta Aged About 19 Years R/o Thakurpara, Kawardha, Tahsil Kawardha, District Kabirdham Kawardha C.G., District : Kawardha (Kabirdham), Chhattisgarh

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Deleted (Gajanand Gupta) S/o As Per Honble Court Order Dated 02-07-2021

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Sapna Gupta D/o Gajanand Gupta Aged About 23 Years Mission Hospital Kunkuri C.G., District : Jashpur, Chhattisgarh

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State Of Chhattisgarh D/o Through-Collector, District-Kabirdham C.G., District : Kawardha (Kabirdham), Chhattisgarh

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----Respondents

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Cause Title taken from Periphery System

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For Appellant : Shri Ajit Singh, Advocate. For Respondent No. 1 to 6: Ms. Isha Jajodiya, Advocate

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Hon'ble Shri Justice Narendra Kumar Vyas Order on Board

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17.04.2023

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The petitioner has preferred the second appeal against the judgment and decree passed by the learned Civil Judge Class-II, Kabirdham passed in civil suit No. 58A/2009 decided on 25/06/2011 and against the judgment and decree passed in civil appeal no. 19A/2012. By which the appeal file by the appellant has been dismissed.

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-2-

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This court has admitted the appeal on substantial question of law on 18/02/2014.

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Learned counsel for the appellant would submit that during pendency of the appeal, father Gajanand Gupta expired, now the shares of the parties will be recalculated as per the subsequent development taken place. He would further submit that they may be given a liberty to agitate their shares owned by deceased Gajanand Gupta by filing separate civil suit. This submission was also not opposed by the other side.

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In view of the above, the second appeal is disposed of granting liberty to file fresh suit clamming their shares.

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It is made clear that the judgment and decree passed in earlier civil suit as-well-as in the first appeal will not come on way in claiming shares by the plaintiff’s or defendant as on death of Gajanand Gupta, the share of plaintiff and defendant have to be recalculated as per law.

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In view of subsequent development taken place after death of Shri Gajanand Gupta, the parties are at liberty to agitate, claim their respective share in accordance with law before appropriate forum.

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With these observation and direction, this second appeal is disposed of and decree be drawn accordingly.

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Sd/-/-

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(Narendra Kumar Vyas) Judge

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Ashish

Sanjay Kumar Gupta v. Smt.laxmi Gupta And Ors.

Case brief

What is this about?

What did the court decide?

Sanjay Kumar Gupta v. Smt.laxmi Gupta And Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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