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2026 DAILYLAW 37145 (CHH)

Premlal v. Smt. Kiramin Bai

SA/505/2017 · 2026-09-23

Smt Sushma Sawant

body2026

Judgment text

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1 CGHC010106772017 2026:CGHC:41609 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR SA No. 505 of 2017 Premlal, S/o. Manbodhi Kanwar, Aged About 60 Years, R/o. Village Jejra At Present Village Pound, Tahsil Gariyaband, Civil District Raipur, Chhattisgarh & Revenue District- Gariyaband, Chhattisgarh .............Plaintiff. ... Appellant versus 1 - Smt. Kiramin Bai, W/o. Amrit Lal, Aged About 35 Years, R/o. Village Pound, Tahsil Gariyaband, District Raipur Now Gariyaband Chhattisgarh, Civil District Raipur, Chhattisgarh & Revenue District Gariyaband, Chhattisgarh. 2 - Gend Lal, S/o. Sukhram Sahu, Aged About 55 Years, R/o. Village Pound, Tahsil Gariyaband, District Raipur Now Gariyaband Chhattisgarh, Civil District Raipur, Chhattisgarh & Revenue District Gariyaband, Chhattisgarh. 3 - Janak Lal, S/o. Sukhram Sahu, Aged About 50 Years, R/o. Village Pound, Tahsil Gariyaband, District Raipur Now Gariyaband Chhattisgarh, Civil District Raipur, Chhattisgarh & Revenue District Gariyaband, Chhattisgarh. ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2026.09.25 10:32:05 +0530 2 4 – Yuvraj, S/o. Sukhram Sahu, Aged About 50 Years, R/o. Village Pound, Tahsil Gariyaband, District Raipur Now Gariyaband Chhattisgarh, Civil District Raipur, Chhattisgarh & Revenue District Gariyaband, Chhattisgarh. 5 - State Of Chhattisgarh, Through The Collector, Raipur, District Raipur, Chhattisgarh, Now Gariyaband Chhattisgarh, Civil District Raipur, Chhattisgarh & Revenue District Gariyaband, Chhattisgarh. ... Respondents For Appellant : Mr. Rakesh Thakur, Advocate For Respondents No.1 to 4 : Mr. Shikhar Sharma, Advocate For Respondent No.5 : Ms. K. Radhika, Panel Lawyer (Single Bench) Hon'ble Smt. Justice Sushma Sawant Judgment On Board 24.09.2026 1. This second appeal has been preferred against the impugned judgment & decree dated 04.02.2017 passed by the learned Additional District Judge, Gariyaband in Civil Appeal No. 23-A/2010 (Premlal v. Smt. Kiramin Bai & Others). 2. Heard learned counsel for the appellant and learned counsel appearing for respondents. 3. The present second appeal is pending at the stage of admission. During the course of hearing, learned counsel for appellant has 3 placed before this Court a judgment passed in S.A. No.358 of 2002 (Prem Lal v. Smt. Kirmain Bai & Another) on 13.12.2024 and submits that, by virtue of the said subsequent adjudication, the title of respondent No.1 in respect of the suit property has already been affirmed. 4. Learned counsel for appellant, therefore, submits that in view of the subsequent judicial determination, the controversy which forms the subject matter of the present second appeal no longer survives and no effective relief can now be granted in the present proceedings. 5. Learned counsel for the respondent does not dispute the position so stated. Therefore, in view of the subsequent judicial adjudication, nothing further survives for consideration in the present second appeal. 6. In these circumstances, continuation of the present second appeal would serve no useful purpose. No effective or executable relief remains available to the appellant in the present proceedings. 7. Hence, in view of the subsequent judicial determination and the admitted position of the parties, the present second appeal has been rendered infructuous. This Court, therefore, considers it unnecessary to examine the grounds raised in the memorandum of second appeal or to enter into the merits of the controversy. 4 8. Consequently, the Second Appeal is dismissed as having become infructuous. 9. It is clarified that this Court has not expressed any opinion on the merits of the grounds raised in the second appeal, the same having become unnecessary for determination in view of the subsequent judicial adjudication referred to herein-above. 10. All pending interlocutory application(s), if any, shall also stand disposed of. 11. No order as to costs. Sd/- (Sushma Sawant) Judge Ashok