Dismissed¶47

Sushila Bai v. Smt. Ambika Bai

Chhattisgarh HC25 Nov 2024WP227/940/2024

Case brief

AI extract

What is this about?

Chhattisgarh High Court Bilaspur; WP227 No. 940 of 2024; order dated 26/11/2024; NAFR; Deepak Kumar Tiwari, J.; writ petition dismissed as withdrawn; withdrawal sought as Second Appeal SA No.47/2024 pending; judgment dated 30.10.2023 in RCA No.141-A/2019 by 1st Additional District Judge, Durg; arose out of Civil Suit No.27-A/2006; decree dated 18.11.2019 by 2nd Civil Judge Class-I; Civil Appeal No.14-A/2020 partly allowed; 1/12th share upon partition instead of 1/13; decree holder Sushila Bai; judgement debtors Nos. 2 to 29; State of Chhattisgarh through Collector, Durg; liberty to file appropriate application; counsel Vipin Tiwari (petitioner), SK Puriya (State).

What did the court decide?

Permission to withdraw granted; writ petition dismissed as withdrawn with liberty to file appropriate application as and when occasion so arises.

Sushila Bai Vs Smt. Ambika Bai — Chhattisgarh HC (2024) — LawSathi Research

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2024:CGHC:46264

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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WP227 No. 940 of 2024

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1 - Sushila Bai W/o Abhayram Sahu Aged About 60 Years R/o Borsi, Tahsil And District Durg, Chhattisgarh. (Decree Holder)

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... Petitioner

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versus

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1 - Smt. Ambika Bai W/o Shri Shatruhan Lal Sahu Aged About 75 Years R/o Village Achanakpur (Selud), Tahsil Patan District, Durg, Chhattisgarh. (Judgment Debtor No. 2)

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2 - Smt. Bimla Bai W/o Shri Sudarshan Lal Sahu R/o Village Milpara, Utai, District, Durg, Chhattisgarh. (Judgement Debtor No. 3)

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3 - Smt. Manna Bai W/o Shri Janak Lal Sahu R/o Street No. 28, 7-C, Sector-4, Bhilai, District, Durg, Chhattisgarh. (Judgement Debtor No. 4)

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4 - Smt. Kuntibai W/o Shir Manohar Sahu R/o Village Borai (Nagpura) District, Durg, Chhattisgarh. (Judgement Debtor No. 5)

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5 - Kaushik Kumar Sahu S/o Jhaduram Sahu R/o Bajrang Chowk, Village Borsi District, Durg, Chhattisgarh. (Judgement Debtor No. 6) 6 - Raghvendra Sahu S/o Jhaduram Sahu R/o Village Jevra Tahsil And District, Durg, Chhattisgarh. (Judgement Debtor No. 7)

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Digitally signed by KRISHNA KRISHNA KUMAR KUMAR BARVE BARVE Date: 2024.11.26 17:14:42 +0530

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7 - Smt. Meena Bai Sahu W/o Neelkanth Aged About 40 Years R/o Village Jevra, Tahsil And District, Durg, Chhattisgarh. (Judgement Debtor No. 9)

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8 - Madhuri Sahu W/o Rupendra Sahu R/o Village Leetia (Semria), P.O. Leetia, Tahsil Dhamdha, District, Durg, Chhattisgarh. (Judgement Debtor No. 9a)

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9 - Divya Dev S/o Late Neelkanth Sahu Aged About 20 Years R/o Jevra, Tahsil And District, Durg, Chhattisgarh. (Judgement Debtor No. 9b)

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10 - Abhishek S/o Late Neelkanth Sahu Aged About 18 Years R/o Jevra, Tahsil And District, Durg, Chhattisgarh. (Judgement Debtor No. 9c)

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11 - Mahendra S/o Jhaduram Sahu R/o Jevra, Tahsil And District, Durg, Chhattisgarh. (Judgement Debtor No. 10)

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12 - Umashankar Sahu S/o Jhaduram Sahu R/o Jevra, Tahsil And District, Durg, Chhattisgarh. (Judgement Debtor No. 11)

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13 - Ayudhya S/o Jhaduram Sahu R/o Jevra, Tahsil And District, Durg, Chhattisgarh. (Judgement Debtor No. 12)

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14 - Bhoj Kumar S/o Jhaduram Sahu R/o Jevra, Tahsil And District, Durg, Chhattisgarh. (Judgement Debtor No. 13)

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15 - Yashoda Bai W/o Late Narayan Sahu Aged About 85 Years R/o Nankatti, Tahsil And District, Durg, Chhattisgarh. (Judgement Debtor No. 14)

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16 - Subhadra Bai W/o Late Shri Ram Prasad Sahu R/o Jevra, Tahsil And District, Durg, Chhattisgarh. (Judgement Debtor No. 15)

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17 - Hemant Kumar Sahu S/o Kaushik Kumar Sahu R/o Bajran Chowk, Village Borsi, District, Durg, Chhattisgarh. (Judgement Debtor No. 18)

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18 - Shiva Sahu S/o Kaushi Kumar Sahu R/o Bajran Chowk, Village Borsi, District, Durg, Chhattisgarh. (Judgement Debtor No. 19)

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19 - Prashant Sahu (Minor) S/o Kaushik Kumar Sahu R/o Bajran Chowk, Village Borsi, District, Durg, Chhattisgarh. (Judgement Debtor No. 20)

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20 - Pannalal S/o Shri Samai Ram Aged About 52 Years R/o Vivekanand Nagar, New Adarsh Nagar, Durg, Chhattisgarh. (Judgement Debtor No. 21)

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21 - Yudhishthir Yadav S/o Damru Yadav Aged About 25 Years R/o Ward No. 50, Borsi Bhatha, Durg, Chhattisgarh. (Judgement Debtor No. 22)

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22 - Smt. Gunmati Yadav W/o Shri Gajin Yadav Aged About 28 Years R/o Ward No. 49, Borsi Bhatha, Borsi Durg, Chhattisgarh. (Judgement Debtor No. 23)

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23 - Navin Kumar Gupta S/o B.P. Gupta Aged About 49 Years R/o Lig-S / 182, Borsi Extension, Borsi Durg, Chhattisgarh. (Judgement Debtor No. 24)

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24 - Shivanand Kamde S/o Late P.D. Kamde, Aged About 55 Years R/o Ward No. 53, Minakshi Nagar, Borsi Road, Durg, Chhattisgarh. (Judgement Debtor No. 25)

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25 - Smt. Premlata Gupta W/o Shir Tirth Prakash Gupta, R/o Hig-S-1/253, Old Borsi Colony Durg, Chhattisgarh. (Judgement Debtor No. 26)

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26 - Ravi Kumar Gupta S/o Shri B.P. Gupta Aged About 50 Years R/o Hig-S-1/253, Old Borsi Colony Durg, Chhattisgarh. (Judgement Debtor No. 27)

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27 - Kedarnath Yadav S/o Shri Indar Yadav Aged About 30 Years R/o House No. 3/4, Village Rasmada Tahsil And District Durg, Chhattisgarh. (Judgement Debtor No. 28)

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28 - State Of Chhattisgarh, Through The Collector, Durg, District Durg, Chhattisgarh. (Judgement Debtor No. 29)

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... Respondents

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For Petitioner : Shri Vipin Tiwari, Advocate. For Respondent/State : Shri SK Puriya, Panel Lawyer.

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Hon'ble Shri Deepak Kumar Tiwari, J

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Order On Board

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26/11/2024 :

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At the outset, learned counsel for the petitioner seeks permission of the Court to withdraw the writ petition on the ground that Second Appeal is already pending which was preferred against the judgment dated 30.10.2023 passed by the 1^st Additional District Judge, Durg in RCA No.141-A/2019, which arose out of Civil Suit No.27-A/2006, vide judgment and decree dated 18.11.2019 passed by the 2^nd Civil Judge Class-I to the Court of 1^st Civil Judge, Class-I,

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Durg, whereby the said RCA No.141-A/2019 was dismissed and Civil Appeal No.14-A/2020 was partly allowed holding that plaintiff/appellant Sushila Bai is entitled for 1/12th share upon partition instead of 1/13. Against the said finding, SA No.47/2024 is pending consideration. Learned counsel for the petitioner also prays for liberty to file appropriate application as and when occasion so arises.

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Accordingly, the Writ Petition is dismissed as withdrawn with liberty aforesaid.

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Sd/(Deepak Kumar Tiwari) Judge

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Barve

Sushila Bai v. Smt. Ambika Bai

Case brief

What is this about?

What did the court decide?

Sushila Bai v. Smt. Ambika Bai

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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