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2025 DAILYLAW 47793 (CHH)

AUTHORISED OFFICER, BANK OF INDIA v. ROHINI BAI

CR/89/2023 · 2025-11-05

Shri Amitendra Kishore Prasad

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Judgment text

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1 2025:CGHC:54223 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CR No. 89 of 2023 1 - Authorised Officer, Bank Of India Branch Indira Market Station Road Durg, Tahsil And District Durg Chhattisgarh. ... Applicant versus 1 - Rohini Bai W/o Late Khoman Ram Mahtel Aged About 73 Years Subhash Nagar, Near Gokul Kirana Stores, Kasaridih Durg, Tahsil And District Durg, Chhattisgarh 2 - M/s Akshat Motors Proprietor Hemeshwari Mahtel Subhash Nagar, Near Gokul Kirana Stores, Kasaridih Durg, Tahsil And District Durg, Chhattisgarh. 3 - Vani Vilas Mahtel D/o Late Khoman Ram Mahtel Aged About 52 Years Subhash Nagar, Near Gokul Kirana Stores, Kasaridih Durg, Tahsil And District Durg, Chhattisgarh. ... Respondent(s) (Cause Title is taken from CIS System) For Applicant : Mr. Parth Shrivastava, Advocate For Resp. No. 1 : Mr. Pravesh Sahu, Advocate Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 06/11/2025 1. Learned counsel for the respondents submits that respondent No. 1 has expired during the pendency of the present revision petition. It is further submitted that since the deceased respondent No. 1 was the original plaintiff in the matter, the cause of action, if any, does not Digitally signed by SHAYNA KADRI 2 survive, and consequently, the present revision petition has been rendered infructuous. Learned counsel further submits that the deceased respondent No. 1 was contesting the proceedings against her son, respondent No. 3 – Shri Vani Vilas Mahtel. In view thereof, it is contended that no effective or substantive relief can now be granted to the petitioner in the present proceedings. 2. In light of the submission advanced by learned counsel for the respondent No. 1, and there being no surviving cause for adjudication, the present revision petition stands dismissed as having been rendered infructuous. 3. However, liberty is reserved to the learned counsel for the parties to appear before the learned trial Court and apprise it of the factum of the death of respondent No. 1, as well as to take such steps as may be permissible in law for the continuation or closure of the proceedings, as the case may be. Sd/- (Amitendra Kishore Prasad) Shayna Judge