1 - Nirmala Bai W/o Ghansyam Sahu, Aged About 28 Years R/o Village- Bhawanipur v. 1 - Jhalu Ram
Case Details
Page 1 of 5 2025:CGHC:20387 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR SA No. 91 of 2002 1 - Nirmala Bai W/o Ghansyam Sahu, Aged About 28 Years R/o Village- Bhawanipur, Tahsil- Baloda Bazar, District Raipur (C.G.) ... Appellant versus 1 - Jhalu Ram (Died) Through Lrs. As Per Honble Court Order Dated 01-07- 2024. 1.1 - (A) Daya Bai W/o Late Jhalu Ram, Aged About 61 Years R/o Village- Post Chikhali, P.S.-Arang, District- Raipur (C.G.) 1.2 - (B) Ashok Kumar S/o Late Jhalu Ram, Aged About 40 Years R/o Village- Post Chikhali, P.S.-Arang, District- Raipur (C.G.) 1.3 - (C) Santosh Kumar S/o Late Jhalu Ram, Aged About 37 Years R/o Village- Post Chikhali, P.S.-Arang, District- Raipur (C.G.) 1.4 - (D) Tikam Bai D/o Late Jhalu Ram, R/o Village- Post Chikhali, P.S.- Arang, District- Raipur (C.G.) 1.5 - (E) Dasoda Bai D/o Late Jhalu Ram, R/o Village- Post Chikhali, P.S.- Arang, District- Raipur (C.G.) 2 - Jhabbu Lal S/o Lala Ram Sahu, Aged About 31 Years R/o Village Chikhli, Tahsil Arang, District Raipur (C.G.) 3 - Malik Ram S/o Lala Ram Sahu Aged About 25 Years R/o Village Chikhli, Tahsil Arang, District Raipur (C.G.) 4 - Salik Ram S/o Lala Ram Sahu, Aged About 17 Years Minor Through The Natural Guardian Jhalu Ram S/o Lala Ram Sahu, R/o Village Chikhli, Tahsil Arang, District Raipur (C.G.) 5 - Champa Bai D/o Lala Ram Sahu, Aged About 40 Years R/o Village- Sakin, Tahsil Bhandar, District Raipur (C.G.) 6 - Radha Bai D/o Lala Ram Sahu, Aged About 34 Years R/o Village Tahsil - Kamdih, District Raipur (C.G.) BHUMIKA ANGARE Digitally signed by BHUMIKA ANGARE Date: 2025.05.05 17:29:18 +0530 Page 2 of 5 7 - Manvi D/o Lala Ram Sahu Aged About 28 Years R/o Village-Sonadih, Tahsil Balodabazar, District Raipur (C.G.) 8 - Gita Bai D/o Lala Ram Sahu, Aged About 21 Years R/o Village Parsada, District Raipur (C.G.) 9 - Sumitri Bai (Died And Deleted) Through Lrs. As Per Honble Court Order Dated 01-07-2024
Legal Reasoning
now there is no dispute between them. 6. Since the parties have already settled their dispute, therefore, the judgment and decree passed by the trial Court is modified as per the compromise arrived at between the parties. 7. 8. The agreement will be part of the judgment and decree of this Court. Consequently, the instant second appeal is disposed of in terms of compromise arrived at between the parties. 9.
Arguments
9.1 - (A) Bhuvan Sahu S/o Late Shri Ramkishun, Aged About 55 Years R/o Village- Post-Jarve, Tehsil And P.S.- Pallari, District Baloda Bazar (C.G.) 9.2 - (B) Ratiram Sahu S/o Late Shri Ramkishun, Aged About 53 Years R/o Village- Post-Jarve, Tehsil And P.S.- Pallari, District Baloda Bazar (C.G.) 9.3 - (C) Takeshwar Sahu S/o Late Shri Ramkishun, Aged About 49 Years R/o Village- Post-Jarve, Tehsil And P.S.- Pallari, District Baloda Bazar (C.G.) 9.4 - (D) Daleram Sahu S/o Late Ramkishun, Aged About 42 Years R/o Village- Post-Jarve, Tehsil And P.S.- Pallari, District Baloda Bazar (C.G.) 9.5 - (E) Lalita Bai Sahu D/o Late Shri Ramkishun, Aged About 51 Years R/o Village- Post-Jarve, Tehsil And P.S.- Pallari, District Baloda Bazar (C.G.) 9.6 - (F) Purnima Sahu D/o Late Shri Ramkishun, Aged About 47 Years R/o Village- Post-Jarve, Tehsil And P.S.- Pallari, District Baloda Bazar (C.G.) 10 - Dukala Bai (Died And Deleted) Through Lrs. As Per Honble Court Order Dated 01-07-2024. 10.1 - (A) Ghanshyam Sahu S/o Tota Ram, Aged About 37 Years R/o Village- Post-Lachanpur, P.S.-Pallari, District- Baloda Bazar- Bhatapara (C.G.) 10.2 - (B) Bharat Sahu S/o Tota Ram, Aged About 27 Years R/o Village-Post- Lachanpur, P.S.-Pallari, District- Baloda Bazar- Bhatapara (C.G.) 10.3 - (C) Jitesh Sahu S/o Tota Ram, Aged About 27 Years R/o Village-Post- Lachanpur, P.S.-Pallari, District- Baloda Bazar- Bhatapara (C.G.) 10.4 - (D) Ishwary Sahu D/o Tota Ram, Aged About 29 Years R/o Village- Post-Lachanpur, P.S.-Pallari, District- Baloda Bazar- Bhatapara (C.G.) 11 - Rikhi Bai (Died ) Through Lrs. As Per Honble Court Order Dated 26-11- 2024. 11.1 - (A) Vijay Kumar S/o Sunder Lal Sahu, Aged About 42 Years R/o Village-Harin Bhatta, Post-Harin Bhatta, Tahsil- Palari, District- Baloda Bazar (C.G.) 11.2 - (B) Smt. Annu Bai D/o Sunder Lal Sahu, Aged About 38 Years R/o Village-Harin Bhatta, Post-Harin Bhatta, Tahsil- Palari, District- Baloda Bazar (C.G.) Page 3 of 5 11.3 - (C) Chittrekha D/o Sunder Lal Sahu, Aged About 28 Years R/o Village- Harin Bhatta, Post-Harin Bhatta, Tahsil- Palari, District- Baloda Bazar (C.G.) 11.4 - (D) Geeta Bai D/o Sunder Lal Sahu, Aged About 25 Years R/o Village- Harin Bhatta, Post-Harin Bhatta, Tahsil- Palari, District- Baloda Bazar (C.G.) 12 - Dhani Ram (Died And Deleted) Through Lrs. As Per Honble Court Order Dated 26-11-2014. 12.1 - (A) Sevak Ram S/o Dhani Ram, Aged About 37 Years R/o Village- Bhavanipur, Post- Bhavanipur, Tahsil- Pallari, P.S.- Pallari, District- Baloda Bazar (C.G.) 12.2 - (B) Bhikham S/o Dhani Ram, Aged About 34 Years R/o Village- Bhavanipur, Post- Bhavanipur, Tahsil- Pallari, P.S.- Pallari, District- Baloda Bazar (C.G.) 12.3 - (C) Krishna Kumar S/o Dhani Ram, Aged About 32 Years R/o Village- Bhavanipur, Post- Bhavanipur, Tahsil- Pallari, P.S.- Pallari, District- Baloda Bazar (C.G.) 12.4 - (D) Shyam Sunder S/o Dhani Ram, Aged About 31 Years R/o Village- Bhavanipur, Post- Bhavanipur, Tahsil- Pallari, P.S.- Pallari, District- Baloda Bazar (C.G.) 12.5 - (E) Rameshwar S/o Dhani Ram, Aged About 24 Years R/o Village- Bhavanipur, Post- Bhavanipur, Tahsil- Pallari, P.S.- Pallari, District- Baloda Bazar (C.G.) 12.6 - (F) Heervanteen Bai W/o Paramanand, D/o Dhani Ram, Aged About 26 Years R/o Post- Cherkapur, Tehsil-Palari, P.S.-Palari, District- Baloda Bazar (C.G.) 13 - State Of Chhattisgarh, Through The Collector, Raipur, Chhattisgarh. ... Respondents For Appellant : Mr. Yogesh Pandey, Advocate For Respondents No. 1 to 12 : Mr. Rakesh Kumar Manikpur, Advocate For State : Mr. Kishan Lal Sahu, Dy. Government Advocate Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 05.05.2025 1. This Second Appeal has been filed by the appellant/defendant being aggrieved by the judgment and decree dated 11.01.2002 passed by IInd Additional District Judge, Baloda Bazar in Civil Appeal No. 7A/2001 arising out of judgement and decree dated 27.02.2001 passed Page 4 of 5 by the Court off Civil Judge, Class-I, Baloda Bazar in Civil Suit No. 368A/95 2. This Second Appeal is admitted by this Court on 12.03.2015 on the following substantial questions of law: “1. Whether the finding of the lower court below that property is self acquired is perverse as it contradict its own finding where it concurred with the finding of the trial court that property was ancestral one? 2. Whether the suit of plaintiff was barred by Limitation under Article 110 of the Limitation Act having being filed after 12 years from the date plaintiff were ousted which arose in 1969?” 3. During pendency of the appeal the parties have already settled their dispute and a compromise has been arrived at between the parties on 08.04.2005 on the following terms which reads as under: “ 1- xzke Hkokuhiqj esa fLFkr Hkwfe [kljk uacj 131 esa ls 2 ,dM+ vkSj [kljk uacj 401 esa ls 1@ 1@2 ¼<sM½ ,dM+A 2- xzke [kijh esa fLFkr Hkwfe [kljk uacj 105 esa ls 1@ 1@2 ¼<sM½ ,dM+ ‘ks”k Hkwfe;ksa ij i{kdkj dzekad 2 dk gd ,oa fgLlk jgsxkA ftls i{kdkj dzekad 2 }kjk vkilh lgerh ls rglhynkj iykjh ds le{k vkosnu is’k dj vius&vius gd dh lhek rd viuk&viuk fgLlk izkIr djsaxs ftl ij vihykFkhZuh@i{kdkj dzekad 1 dks vkifRr dk dksbZ vf/kdkjh ugh jgsxkA 4@ ;g fd mijksDr Åij nf’kZr dafMdk 4 esa mYysf[kr ‘krksZ ds vk/kkj ij mHk;i{kdkjx.k }kjk fcuk fdlh Mj] ncko ,oa lqudj] i<+dj o le>dj] nks xokgks ds le{k ,oa vU; i{kdkjks dh lgerh@mifLFkfr ls vkj fnukad 08@04@2025 dks ekuuh; mPp U;k;ky; fcykliqj NRrhlx< ds lkeus mifLFkr gksdj ;g jkthukek@le>kSrkukek fu”ikfnr dj jgs gS rkfd lun] oDr t:jr ij dke vkosA” 4. Thereafter, the appellant- Nirmala Bai has examined herself before the Additional Registrar (Judicial) of this Court wherein she has stated in unequivocal terms that she is agreed upon the terms of the agreement. 5. Consequentially, statement of the respondents namely Ashok Kumar [respondent No. 1 (B)], Ratiram Sahu [respondent No. 9 (B)], Page 5 of 5 Takeshwar Sahu alias Kameshwar Sahu [respondent No. 9 (C)], Ghanshyam Sahu [respondent No. 10 (A)], Vijay Kumar [respondent No. 11 (A)] and Sevak Ram [respondent No. 12 (A)] have also been recorded before the Additional Registrar (Judicial) of this Court wherein they have also admitted the terms of agreement and have stated that
Decision
No order as to costs. Bhumika Sd/- (Narendra Kumar Vyas) Judge