1 2025:CGHC:9520 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR REVP No. 34 of 2025 • Smt. Dakeshwari Verma, W/o Shri Arun Kumar Verma, Aged About 44 Years, Caste Kurmi, R/o Village & Post Vatgan, Thana & Tahsil Palari, District Balodabazar-Bhatapara, Chhattisgarh. ... Petitioner/Applicant versus 1. Leeladhar Verma, S/o Shri Ramnath Verma, Aged About 44 Years, R/o Village Batgan, P.H. No.30, R.N.M. & Tahsil Palari, District Balodabazar- Bhatapara, Chhattisgarh (Palintiff). 2. Mu. Deepika, D/o Late Sewakram Verma, Aged About 29 Years, R/o Village Batgan, P.H. No.30, R.N.M. & Tahsil Palari, District Balodabazar-Bhatapara, Chhattisgarh. At Present Shivpuram Colony, Parshuram Ward Bhatapara, District Balodabazar-Bhatapara, Chhattisgarh (Defendant No.1). 3. Smt. Sumitra, Wd/o Late Sewakram Verma, Aged About 54 Years, R/o Village Batgan, P.H. No.30, R.N.M. & Tahsil Palari, District Balodabazar- Bhatapara, Chhattisgarh. At Present Village Rigani, Tahsil Simga District Balodabazar-Bhatapara, Chhattisgarh (Defendant No.2). 4. Silochani, D/o Ramnath Verma, Aged About 49 Years, R/o Village Rigani, Tahsil Simga, District Balodabazar-Bhatapara, Chhattisgarh (Defendant No.3). 5. Demin, D/o Ramnath Verma, Aged About 37 Years, R/o Semhardih, Tahsil Balodabazar, District Balodabazar-Bhatapara, Chhattisgarh (Defendant No.4). 6. Sukham, Wd/o Ramnath Verma, Aged About 67 Years, R/o Village Batgan, P.H.No.30, R.N.M. & Tahsil Palari, District Balodabazar-Bhatapara, Chhattisgarh (Defendant No.5). 7. Ramsharan, S/o Santosh Verma, Aged About 23 Years, R/o Village Mohbhattha, Police Station Simga, District Balodabazar-Bhatapara, Chhattisgarh (Defendant No.6). 2 8. Uma, D/o Santosh Verma, Aged About 20 Years, R/o Village Mohbhattha, Police Station Simga, District Balodabazar-Bhatapara, Chhattisgarh (Defendant No.7). 9. State Of Chhattisgarh, Through Collector, Balodabazar, District Balodabazar- Bhatapara, Chhattisgarh (Defendant No.8). ... Respondents (Cause title taken from Case Information System) For petitioner/applicant : Mr. Sunil Sahu, Advocate. For respondents No.2 & 3 : Mr. Manoj Kumar Sinha, counsel appears on advance copy. For State/respondent No.9 : Ms. Mukta Tripathi, P.L. Hon'ble Shri Justice Naresh Kumar Chandravanshi Order on Board 25/02/2025 1. Heard on I.A. No.1/2025, application under Rule 125 of High Court of Chhattisgarh Rules, 2007 (for short the ‘Rules of 2007’) for permission to file the case (review petition). 2. Learned counsel for the applicant would submit that civil suit bearing Civil Suit No.36-A/2017 filed by the respondent No.1/plaintiff for declaration of his title, partition and possession was dismissed by the trial Court and the same was upheld by the first appellate Court in civil appeal bearing Civil Appeal No.31A/2019. But in second appeal filed by the respondent No.1/plaintiff, bearing Second Appeal No.209/2020, aforesaid civil suit was allowed and decree was passed in favour of the respondent No.1/plaintiff. During the pendency of second appeal, respondents No.2 & 3/defendants No.1 & 2 sold the land bearing Khasra No.114/1 area 0.591 hectare, situated at Village Vatgan, P.H. No.30, R.N.M. & Tahsil Palari, District Baloda Bazar – Bhatapara (C.G.), but this fact was not brought before this Court while deciding the second appeal, whereas during the pendency of second appeal, applicant had purchased the aforesaid land vide registered sale deed dated 09.03.2022, i.e., prior to the judgment rendered by this Court in second 3 appeal. Hence, counsel for the applicant prays that he may be permitted to file review petition. 3. Per Contra, learned counsel appearing for their respective respondents would submit that since applicant was not a party to civil suit, first appeal or second appeal, therefore, he is not entitled to file application for review of impugned judgment and decree dated 14.08.2024 passed by this Court in SA No.209/2020. 4. I have heard learned counsel for the parties and perused the material available on record carefully. 5. Undisputedly, applicant was not a party to the civil suit, first appeal and second appeal No.209/2020, in which, judgment dated 14.08.2024 was passed by this Court. 6. Rule 125 of the Rules of 2007 reads thus as under:- “125. (1) Where at any time between the conclusion of hearing and the pronouncing of the judgments or after the judgment but before the filing of the appeal, any party to the proceeding in the court below dies, the appeal may be filed by or against the legal representatives, as the case may be, of the deceased party: Provided that the appeal is accompanied by a separate application, duly supported by an affidavit, praying for bringing on record such person as the legal representative of the deceased party and setting out the facts showing him to be the proper person to be entered on the record as such legal representative. (2) The Registrar, after satisfying himself that the appeal is in order, shall endorse the date of presentation on the Memorandum of appeal and register the same as an appeal in the Court.” 7. Perusal of sub-rule (1) of Rule 125 of the Rules, 2007 specifically says that application under aforesaid provision can be filed by the legal representatives of the party to the proceeding in the Court below, but in instant case, applicant was neither a legal representative of the party before the Court 4 below nor before this Court in second appeal, therefore, she is not competent/entitled to file such application under Rule 125 of the Rules 2007, as such, application under Rule 125 of High Court of Chhattisgarh Rules, 2007 is hereby rejected. 8. Consequently, I.A. No.2/2025, application for condonation of delay in filing the review petition and the instant review petition also stand rejected. Sd/- (Naresh Kumar Chandravanshi) Judge DEEPTI JHA NIRALA Digitally signed by DEEPTI JHA NIRALA Date: 2025.02.25 16:19:05 +0530