This single-judge order dismissed a writ petition challenging an impugned order that allowed an application to add a party to an ongoing civil suit for declaration of title and injunction.
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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2024:CGHC:29792
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
W.P(227) No.676 of 2024
1a) Roshni Garhewal D/o Late Deepak Garhewal Aged About 23 Years Caste Suryawanshi R/o Jarhabhatha, Near Jatiya Talab, Bilaspur, Tehsil And District Bilaspur (C.G.)
1b) Roshan Garhewal S/o Late Deepak Garhewal Aged About 22 Years Caste Suryawanshi R/o Jarhabhatha, Near Jatiya Talab, Bilaspur, Tehsil And District Bilaspur (C.G.)
1c) Ku. Harshita Garhewal D/o Late Deepak Garhewal Aged About 17 Years Minor Through Their Elder Sister And Natural Guardian Roshni Garhewal Caste Suryawanshi R/o Jarhabhatha, Near Jatiya Talab, Bilaspur, Tehsil And District Bilaspur (C.G.)
1d) Ku. Riya Garhewal D/o Late Deepak Garhewal Aged About 15 Years Minor Through Their Elder Sister And Natural Guardian Roshni Garhewal Caste Suryawanshi R/o Jarhabhatha, Near Jatiya Talab, Bilaspur, Tehsil And District Bilaspur (C.G.)
3a) Smt Neelam Garhewal Wd/o Late Sugreev Garhewal Aged About 34 Years Caste Suryawanshi, R/o Jarhabhatha, Near Jatiya Talab, Bilaspur, Tehsil And District Bilaspur (C.G.)
3b) Ku. Vidya Garhewal D/o Late Sugreev Garhewal Aged About 15 Years Minor Through Their Natural Guardian/mother Smt. Neelam
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Garhewal, Caste Suryawanshi, R/o Jarhabhatha, Near Jatiya Talab, Bilaspur, Tehsil And District Bilaspur (C.G.)
3c) Ku. Harshpriya Garhewal D/o Late Sugreev Garhewal Aged About 13 Years Minor Through Their Natural Guardian/mother Smt. Neelam Garhewal, Caste Suryawanshi, R/o Jarhabhatha, Near Jatiya Talab, Bilaspur, Tehsil And District Bilaspur (C.G.)
3d) Ku. Ashmi Garhewal D/o Late Sugreev Garhewal Aged About 11 Years Minor Through Their Natural Guardian/mother Smt. Neelam Garhewal, Caste Suryawanshi, R/o Jarhabhatha, Near Jatiya Talab, Bilaspur, Tehsil And District Bilaspur (C.G.)
versus
3.a) Smt. Nitu Garhewal W/o Late Kailash Nath Garhewal
3b) Sejal Garhewal D/o Late Kailash Nath Garhewal
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3c) Ku. Anushka Garhewal D/o Late Kailash Nath Garhewal
3d)Dhritesh Garhewal S/o Late Kailash Nath Garhewal
3a to 3d all R/o Jarhabhatha, near Jatiya Talab, Bilaspur, Tehsiil and District Bilaspur (CG)
For Petitioners : Shri Syed Afaque Hussain Rizvi, Advocate. For : Ms. Vaishali Mahilang, PL.
Respondent/State
Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board
08.08.2024
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Suit No.52-A/2016 whereby, the application under Order 1 Rule 10(2) CPC preferred by Respondent No.9, was allowed.
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forged and the same shall be decided after conclusion of trial. As Respondent No.9 is interested in the subject property on the basis of the said Will, therefore, for proper adjudication of the case, presence of the said Respondent is quite necessary and as such, the order passed by the trial Court whereby, the application under Order 1 Rule 10(2) CPC has been allowed, seems to be just and proper.
Sd/-
(Deepak Kumar Tiwari) Judge
Priya
1 issue framed by the court
Whether Article 226/227 jurisdiction exists to interfere with the lower court's order allowing an application to add a party based on a questioned Will.
Deepak Garhewal (Now Dead) Through Lrs
Dev Prasad Suryawanshi
State Of Chhattisgarh
Deepak Kumar Tiwari
As recorded by the court registry
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