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2025 DAILYLAW 3858 (CHH)

RAJULAL YADAV v. TUKARAM

SA/58/2025 · 2025-01-29

Shri Parth Prateem Sahu

body2025

Judgment text

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1 2025:CGHC:5183 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR SA No. 58 of 2025 1 - Rajulal Yadav S/o Prahlad Yadav Aged About 41 Years R/o Village Tekapar, Tehsil And District Balod, Chhattisgarh. (Plaintiff) ... Appellant Versus 1 - Tukaram S/o Guharam Yadav Aged About 67 Years R/o Nayapara, Ward No. 4, Dhamdha, Tehsil- Dhamdha, District Durg, Chhattisgarh. 2 - Ishwar Lal Yadav (Deceased) Through Legal Heirs- Aged 57 Years, S/o Guharam Yadav 2.1 - (A) Mrs. Parvati Yadav Wd/o Ishwar Lal Yadav Aged About 55 Years R/o Village Tekapar, Tehsil And District Balod, Chhattisgarh. 2.2 - (B) Kavita D/o Ishwar Lal Aged About 35 Years R/o Village Tekapar, Tehsil And District Balod, Chhattisgarh. 2.3 - (C) Namita D/o Ishwar Lal Aged About 32 Years R/o Village Tekapar, Tehsil And District Balod, Chhattisgarh. 2.4 - (D) Divya D/o Ishwar Lal Aged About 28 Years R/o Village Tekapar, Tehsil And District Balod, Chhattisgarh. 2.5 - (E) Vaibhav S/o Ishwar Lal Aged About 25 Years R/o Village Tekapar, Tehsil And District Balod, Chhattisgarh. 3 - Yogeshwar S/o Guharam Yadav Aged About 45 Years R/o Village Tekapar, Tehsil And District Balod, Chhattisgarh. SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 4 - Maheshwar S/o Guharam Yadav Aged About 42 Years R/o Village Tekapar, Tehsil And District Balod, Chhattisgarh. 5 - Manoj Yadav S/o Guharam Yadav R/o Village Tekapar, Tehsil And District Balod, Chhattisgarh. 6 - Sulena Bai D/o Guharam Yadav Aged About 60 Years W/o Daviram Yadav, R/o Village- Kherud, Post Sikosa, Tehsil- Gundardehi, District Baold, Chhattisgarh. 7 - Rupabai (Deceased) Through Legal Heirs- Aged 55 Year, D/o Guharam Yadav 7.1 - (A) Hitendra Kumar S/o Krishna Kumar Yadav Aged About 35 Years R/o Village Tekapar, Tehsil And District Balod, Chhattisgarh. 7.2 - (B) Ravindra Kumar S/o Krishna Kumar Yadav Aged About 30 Years R/o Village Tekapar, Tehsil And District Balod, Chhattisgarh. 7.3 - (C) Patanjali D/o Krishan Kumar Yadav Aged About 45 Years R/o Village Tekapar, Tehsil And District Balod, Chhattisgarh. 7.4 - (D) Khushbu D/o Krishna Kumar Yadav Aged About 40 Years R/o Village Tekapar, Tehsil And District Balod, Chhattisgarh. 8 - Suruchi D/o Guharam Yadav Aged About 52 Years W/o Pannalal Yadav, R/o Village Kachandur (Jamul), Karanja Bhilai, Tehsil And District Durg, Chhattisgarh. 9 - Lomeshwari D/o Guharam Yadav Aged About 49 Years W/o Mahesh Kumar Yadav, R/o Tikrapara, Dondilohara, Tehsil- Dondilohara, District Balod, Chhattisgarh. 10 - Uthlesh D/o Guharam Yadav Aged About 47 Years W/o Bharat Lal Yadav, R/o Dondi, Tehsil- Dondi, District Balod, Chhattisgarh. 11 - Nanhelal Alias Manohar (Deceased) Through Legal Heirs- S/o Prahlad, Age 57 Years. 11.1 - (A) Indrani Bai Yadav W/o Late Manohar Yadav Aged About 57 Years Caste Thethwar, R/o Village Tekapar, Tehsil And District Balod, Chhattisgarh. 11.2 - (B) Satish Kumar Yadav S/o Late Manohar Yadav Aged About 36 Years Caste 3 Thethwar, R/o Village Tekapar, Tehsil And District Balod, Chhattisgarh. 11.3 - (C) Satyaprakash Yadav S/o Late Manohar Yadav Aged About 33 Years Caste Thethwar, R/o Village Tekapar, Tehsil And District Balod, Chhattisgarh. 12 - Chitralekha D/o Prahlad Yadav Aged About 52 Years W/o Dhaneshwar Yadav, R/o Ward No. 3, Ahiwara, Tehsil- Dhamdha, District Durg, Chhattisgarh. 13 - Jamun Yadav D/o Prahlad Yadav Aged About 50 Years W/o Khemlal Yadav, R/o Village Barhapur, Sivnikhurd, Post Tumdibod, Tehsil- Dongargaon, District Rajnandgaon, Chhattisgarh. 14 - Mamta Yadav D/o Prahlad Yadav Aged About 47 Years W/o Suresh Yadav, R/o Opposite Agrawal Dharamshala, Baigapara, Durg, Tehsil And District Durg, Chhattisgarh. 15 - Shakoon Yadav (Deceased) Through Lrs.- S/o Prahlad Yadav, Age 44 Years. 15.1 - (A) Savita Bai D/o Govindram Aged About 27 Years R/o Sivni Post- Tarra, Tehsil Patan, District Durg, Chhattisgarh. 15.2 - (B) Bhavna D/o Govindram Aged About 25 Years R/o Sivni Post- Tarra, Tehsil Patan, District Durg, Chhattisgarh. 15.3 - (C) Dhananjay S/o Govindram Aged About 22 Years R/o Sivni Post- Tarra, Tehsil Patan, District Durg, Chhattisgarh. 15.4 - (D) Deepika D/o Govindram Aged About 19 Years R/o Sivni Post- Tarra, Tehsil Patan, District Durg, Chhattisgarh. 16 - Surekha Yadav D/o Prahlad Yadav Aged About 37 Years W/o Hiralal Yadav, R/o Village Matka, Tehsil And District Bemetara, Chhattisgarh. 17 - Mahabati W/o Prahlad Yadav Aged About 65 Years R/o Village Tekapar, Tehsil And District Balod, Chhattisgarh. 18 - Gangabai D/o Premdan Yadav Aged About 67 Years R/o Village Bharda, Post Tari, Tehsil- Gurur, District Balod, Chhattisgarh. 4 19 - Shukraj Yadav S/o Premdas Yadav Aged About 65 Years R/o Ward No. 27, In Front Of Bajrangbali Temple, Chandaini Bhatta, Dallirajhara, Tehsil- Dondi, District Balod, Chhattisgarh. 20 - Beena Yadav W/o Basant Yadav Aged About 50 Years R/o Ward No. 6, In Front Of Shiv Temple, Pandepara, Balod, Tehsil And District Balod, Chhattisgarh. 21 - Benubai W/o Bhushanlal Yadav Aged About 56 Years R/o Village Matekheda, Post Gaidatola, Tehsil And District Rajnandgaon, Chhattisgarh. 22 - Vinod Yadav S/o Makhanlal Yadav Aged About 54 Years R/o Village Aamapara, Sanjari, Tehsil Dondilohara, District Balod, Chhattisgarh. 23 - Dilip Yadav S/o Makhanlal Yadav Aged About 45 Years R/o Village Aamapara, Sanjari, Tehsil- Dondilohara, District Balod, Chhattisgarh. 24 - Radhika Yadav W/o Hori Lal Yadav Aged About 50 Years R/o Rani Laxmibai Ward No. 24, Near Radha Krishna Temple, Behind No. 2 School, Dallirajhara, Tehsil- Dondi, District Balod, Chhattisgarh. 25 - Rashmi Yadav W/o Dinesh Yadav Aged About 30 Years R/o Village Sarona, Tehsil- Narharpur, District Kanker, Chhattisgarh. 26 - State Of Chhattisgarh Through The Collector, Balod, District Balod, Chhattisgarh. ... Non-Appellants For Appellant : Mr. Vidya Bhushan Soni, Advocate For Non-Appellants/State : Ms. Mukta Tripathi, Panel Lawyer along with Ms. Mandvi Bharadwaj, Panel Lawyer SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 29 /01/2025 1. The appeal is filed under Section 100 of the Code of Civil Procedure, 1908 questioning the legality and sustainability of the impugned judgment and decree dated 10.12.2024 passed by the learned Principal District Judge, Balod, District – Balod in Civil Appeal No. 20-A/2018 whereby, the 5 learned Appeal Court dismissed the appeal affirming the judgment and decree passed by the learned Trial Court dismissing the suit filed by the appellant/plaintiff.. 2. Learned counsel for the petitioner seeks permission of this Court to withdraw this appeal at this stage with liberty to file a better constituted appeal. 3. In view of the submissions made by the counsel for the appellant, this appeal is dismissed as withdrawn with liberty as prayed for. Office is directed to return back certified copies of the documents enclosed along with the writ petition after retaining photocopies of the same. Sd/- (Parth Prateem Sahu) Judge Dey