RAMLAKHAN (NOW DEAD) THROUGH LEGAL HEIRS- v. SMT. KALKATTI BAI
MCC/1168/2024 · 2025-11-02
Shri Sachin Singh Rajput
body2025
DailyLaw.ai
[ 2025 DAILYLAW 56326 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 56326 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:53581
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 1168 of 2024 1 - Ramlakhan (Now Dead) Through Legal Heirs- Nil 1.1 - (A) Dhaneshwari D/o Late Ramlakhan, Aged About 35 Years R/o Village- Lahpatra, Tahsil-Ambikapur, District-Surguja (C.G.). 1.2 - (B) Parmeshwari D/o Late Ramlakhan, Aged About 33 Years R/o Village- Lahpatra, Tahsil-Ambikapur, District-Surguja (C.G.). 1.3 - (C) Sumitra D/o Late Ramlakhan, Aged About 31 Years R/o Village- Lahpatra, Tahsil-Ambikapur, District-Surguja (C.G.). 1.4 - (D) Budhiyaro D/o Late Ramlakhan, Aged About 29 Years R/o Village- Lahpatra, Tahsil-Ambikapur, District-Surguja (C.G.). 1.5 - (E) Rajamti D/o Late Ramlakhan, Aged About 27 Years R/o Village- Lahpatra, Tahsil-Ambikapur, District-Surguja (C.G.).
... Applicants versus 1 - Smt. Kalkatti Bai W/o Chunni Das, Aged About 47 Years By Caste- Panika, R/o Village-Singi, Thana- Ambikapur, District-Surguja (C.G.). 2 - State Of Chhatiisgrah Through The Collector, District Surguja (C.G.).
... Respondents For Petitioners : Mr. Shahid Ahmed Ansari, Advocate For Res./State : Ms. Shailja Shukla, Deputy Government Advocate
Hon'ble Shri Justice Sachin Singh Rajput
Order On Board 03/11/2025
1. This MCC has been filed under Order 22 Rule 9 of Civil Procedure Code (in short “CPC”) by the legal representative of the
2 deceased appellant namely Ramlakhan to set-aside the abatement of the Second Appeal No. 154 of 2003.
2.
Learned counsel for the applicant(s) submits that the Second Appeal No. 154 of 2003 was filed by one Ramlakhan, who passed away during the pendency of that second appeal. As no application for bringing legal representative of the deceased was filed, therefore, the appeal stood abated by this Court vide its order dated 18.11.2024.
3. Taking into consideration the submission made by learned counsel for the applicants and for the reasons stated in the application, the abatement of the second appeal No. 154 of 2003 is hereby set aside. Let the appeal be restored to its original number and let the matter be listed before the Bench having the roster.
Sd/-
(Sachin Singh Rajput )
Judge Ami
AMITA DUBEY Digitally signed by AMITA DUBEY Date: 2025.11.10 11:07:44 +0530