Dismissed¶¶25

Kanhai v. Loknath and Ors.

Second Appeal – Abatement on death of appellant

Chhattisgarh HC7 Jul 2025SA/349/2013

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What is this about?

SA No. 349 of 2013, High Court of Chhattisgarh at Bilaspur, decided 08.07.2025 by Justice Narendra Kumar Vyas. Second Appeal dismissed as abated because the appellant (Kanhai) died and no legal representative was available to continue the appeal; respondents No. 3 to 5 were also reported dead without legal representatives. No statutes or precedents cited; no adjudication on merits.

What did the court decide?

The instant Second Appeal is abated on account of the death of the appellant, as no legal representative of the appellant is available to continue the appeal. ¶¶24

Kanhai Vs Loknath and Ors. — Chhattisgarh HC (2025) — LawSathi Research

2025:CGHC:31415

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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SA No. 349 of 2013

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1. Kanhai S/o Murha Aged About 65 Years R/o Dalpatsagar Ward, Jagdalpur, Distt. Bastar C.G., Chhattisgarh

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... Appellant

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versus

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1. Loknath S/o Fagnu Aged About 42 Years R/o Takraguda, Tah. Lohandiguda, Distt. Bastar C.G., Chhattisgarh

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2. Narayan S/o Fagnu Aged About 72 Years R/o Takraguda, Tah. Lohandiguda, Distt. Bastar C.G., District : Bastar(Jagdalpur), Chhattisgarh

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3. Sagrai S/o Damru Aged About 72 Years R/o Takraguda, Tah. Lohandiguda, Distt. Bastar C.G., District : Bastar(Jagdalpur), Chhattisgarh

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4. Chakchand S/o Damru Aged About 70 Years R/o Takraguda, Tah. Lohandiguda, Distt. Bastar C.G., District : Bastar(Jagdalpur), Chhattisgarh

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5. Raini W/o Chakchand Aged About 53 Years R/o Takraguda, Tah. Lohandiguda, Distt. Bastar C.G., District : Bastar(Jagdalpur), Chhattisgarh

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6. State Of Chhattisgarh W/o Thru- Collector, Jagdalpur, Distt. Bastar C.G., District : Bastar(Jagdalpur), Chhattisgarh

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... Respondent(s)

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For Appellant : Mr. P.R. Patankar, Advocate For Respondents No. 1 : Mr. Shailesh Puriya, Advocate and 2 For State : Mr. Kishan Lal Sahu, Dy. Government Advocate

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Digitally signed by MANISH MANISH YADAV YADAV Date: 2025.07.08 17:12:30 +0530

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Hon'ble Shri Justice Narendra Kumar Vyas

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Judgment on Board

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08.07.2025

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1. Learned counsel for the appellant submits that as per the information received, the appellant has expired and no legal representative of the appellant is available to prosecute the appeal.

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2. Learned counsel for the respondents submits that as per the information received, the respondents No. 3 to 5 have also expired and no legal representatives of the respondents No. 3 to 5 are availables.

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3. In view of the submission made by the learned counsel for the appellant that no legal representative of the appellant is available to continue the appeal, the instant Second Appeal is abated on account of death of the appellant.

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4. Accordingly, the appeal is dismissed as abated.

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Sd/(Narendra Kumar Vyas) Judge

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Manish

Kanhai v. Loknath and Ors.

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Kanhai v. Loknath and Ors.

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