1 CGHC010350892022 2026:CGHC:33578 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 596 of 2022 Smt. Sunita Kumari W/o Vasudev Aged About 33 Years, R/o Durga Chowk, Krishna Nagar, Supela Bhilai, Civil And Revenue District - Durg Chhattisgarh. ... Applicant versus Vasudev Prajapati S/o Rajaram Prajapati, Aged About 34 Years, R/o BTI Road, Baroda Chowk, Mahasamund, Police Station Mahasamund, Tahsil Mahasamund, Civil And Revenue District Mahasamund Chhattisgarh. ---- Non-Applicant _____________________________________________________________ For Applicant :Mr. H.B. Agrawal, learned Senior Counsel appears along with Ms. A. Sandhya Rao, Advocate For Non-Applicant :Mr. Vinod Kumar Sharma, Advocate ------------------------------------------------------------------------------------------------------- Single Bench:Hon'ble Shri Justice Sanjay S. Agrawal Order On Board 03.08.2026 1. Learned counsel for the Applicant submits that after making observation at para 24 of the impugned judgment and decree dated 28.04.2022 passed in First Appeal (M) No.09/2015, the Court has become functus officio and, therefore, no observation as such could be made SUNITA GOSWAMI Digitally signed by SUNITA GOSWAMI Date: 2026.08.03 18:35:47 +0530 2 thereafter at para 25 and prays for modification of the impugned judgment and decree to the said extent. 2. On the other hand, learned counsel appearing for the Non-Applicant has supported the impugned judgment and decree as passed by this Court and submits further that the petition as framed instead of questioning the same before the Supreme Court is rather misconceived in nature and, deserves to be dismissed. 3. Having considered the aforesaid contention of the parties, considering further the reasoning assigned in the impugned judgment and decree dated 28.04.2022 passed by this Court in First Appeal (M) No.09/2015, I do not find any substance in this petition, so as to call for any modification, as claimed by the Applicant. 4. The petition is, accordingly, dismissed. No order as to cost(s). Sd/- (Sanjay S. Agrawal) JUDGE sunita