Anand Dubey v. Ramesh Kumar Trivdei
Case brief
What is this about?
Anand Dubey & others v. Ramesh Kumar Trivdei & others, WP227 No. 73 of 2022, High Court of Chhattisgarh at Bilaspur, decided 25.08.2025 (Rakesh Mohan Pandey, J.): stay application in Miscellaneous Civil Appeal No.7/2021 rejected only because the correct provision of law was not mentioned; relying on Pruthvirajsinh Nodhubha Jadeja (D) by Lrs Vs. JayeshKumar Chhakaddas Shah & others, 2019 (9) SCC 533, para 8 (non-mentioning of an incorrect provision not fatal where power available with the court), the order dated 22.12.2021 was set aside; interim order dated 27.01.2022 staying the appellate order and restraining withdrawal of the Succession Certificate amount continues till disposal of the appeal arising from Succession Case No. 4/15 (order dated 04.02.2020); Appellate Court to conclude the appeal preferably within 60 days; petition allowed.
What did the court decide?
Writ petition allowed; order dated 22.12.2021 passed in Misc. Civil Appeal No.7/2021 set aside; interim order dated 27.01.2022 to remain in force till disposal of the appeal pending before the Court below; Appellate Court directed to conclude the pending appeal expeditiously, preferably within 60 days.