1 b IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR ( C.G.) ^..^ ^,\^-'" -\ Second Appeal No. °>7^—. 72006 <--. ^.?.^ '. ^ APPELLANTS ^' '-"' ^ s" :1. Smt. Laxmi Khare, ._.A^t^ W/o. Shri Anil Khare, Minor Ajay Khare, S/o. Anil Khare, Minor Ku. Swarnima Khare D/o. Shri Anil Khare, Through natural guardian mother Smt. Laxmi Khare wife of Anil Khare All resident of 12/467, Ganjpara, Ward No.12, Raipur, Tahsil and District Raipur (C.G.) ^- •z^ VERSUS RESPONDENTS: e.,^^ ^ y ..CA '^c^- Smt. Krishna Bai, W/o.Keshav Prasad Khare, aged about 56 Years, R/o. Sanjay Nagar, near school, Tikrapara, Raipur (C.G.) at present resident of near Stadium, Jabalpur Road, Civil Ward No.3, Damoh, District Damoh, (M.P.) Anil Khare, S/o.Keshav Prasad Khare, Through - Madan Lal Girdhari Lal Sharma, resident of Athariya Ramsagarpara, Raipur Tahsil and District Raipur (C.G.) ^ 3. Pravin Khare, S/o. Shri ^ Keshav Prasad Khare, resident ; of Sanjay Nagar near school, ?<Tikrapara, Raipur Tahsil and ^t)istrict Raipur (C.G.) :.» :^ Shri Satish Khare Rathi, son of not known, resident of opposite C.P. Rice Mill, Station Road, Raipur (C.G.) SECOND APPEAL U/S. 100 OF THE CODE OF CIVIL PROCEDURE 4. ^" XI-HC-78. R^Jch cTSn'^n^TsbHIch /'" 3:s[^:5n^T?ra', y'Tn'M'Ko, fsidiyy< *11+«-11 ShHl^l ^* /tt<w^-:^ 200 3TT^T<ra^(^cfi^is|<^T) ^RTTW^iNw^T 15^1.2006. Shri Gautam Khetrapal, Heard cn admisslon. Plaintiffs/appellants havj judgment and ciecree dated O^ of 2004 by the 10m Addition|al dismissal ofthe plaintifrs' suit vlde Judgment dated 30.11.19C by the First Civit Judge Ciass-lj ^ fiied this second appea! against the .04.2006 passed in Civit Appeal No.l-A District Judge, Raipur whereby the ^r declaration and permaiient Injunotion, |8 passed.in Civil Suit No.139-A of 1995 Raipurwasaffirmed. Undisputed facts are th| wife of defendant No.2-Anil Kh|are and daught.er •Tes.pectiveiy. Krishna Bai is the mother o1 defendant Nd.1 (since dead) ^ No.1-Smt: Krishna Bal. it is Shrivastava had constructed out of his self-acquired prope^i 05.11.1981. ;The sust house widow.iate Smt: Jana'k Duiarj Bai. Late Smt Janak Dulart agreement to. seit the suit hout No.4. , ... The pialntiflyappellants vv?ere co-owners of the suit Undivided Family of iate 9>raf?^frr wRft" ^'fec^ ^RTK ^3Tf^T3TT^T ;ounsel for the appelSants. rt the piaintiff/appellant Laxmi Bai is the and Piaintlffe No. 2 & 3 are their son The respondent No.l/defendant-Smt. Anil Khare. Late Smt. Janak Duiari, ^as the mother of respondent-defendant iso not disputeci fhat late Virendra Nath house No. 12/467 in Ganjpara, Rajpur ty. Virendra Nath Shrivastava died on to be recorded in the names of his and daughter respondent No.l-Krishna and Smt. Krishna Bai entered into an eto one Satish Khare Rathi, respondent aame riied a Civii Suit for deciaration ttiat they ilouse which was joint property of Hindu Virehcira Nath Shrivastava. Slnce late Smt, ^ ^ -r- XLHC'78 ^Jcb c^TTW^T^TOF 3^ •^INK'I^, t$T{i^<l<o, fsldiy^< ^IIH^T^TRT^ W^200 311^1 Mach (yi^<s«^sT) ^RTTW^fN'W^T -2-- Janak Duiari and Smt. Krishn^ seli the suit house to one Sati^ was also prayed for. The.learned First CiviS on the ground that late Shri Vir| the suit house after obtaining iand. After his death, the sui^ Duiari and Smt. Krishna Bal, under Section 8 of the Hindu aiso came to be recorded in t| Smt. Krishna Bal. The suit the husband ofthe piaintiff No.'] over the suit.property. On th^ titte and permanent injunctior| Aggrieved- by the judgment anc] 1995, the plaintiffs/appeiiants disrnissed vide judgment and 10th Additional Dlstrict Judge, f| Shri Gautam KhetrapalJ not point out .any perver^ abovementioned findings recor| the first appeilate Court. The ^ of iate Shri .Vifendra Nath. devotved upon his death on (] Dulari and daughter Srnt Kri^ herein or the piaintiffs did not| property under law in the pres| Jipdge pro|3erty <=hi^I^t41vi wrcff ^*te^ <r3i^i< ^OTf^TW^T Bai had entered Into an agreement to h Khare. relief of permanent injunction $, Class-ll, Raipur dismissed the suit $ndra Nath Shrivastava had cOnstructed Dermanent patta on Governrnent Nazui house devolved upon iate Smt. Janak being the heirs in class-1 of schedule Succession Act 1956. The suit house ie name of late Smt. Janak Duiari and not being the ancestrai property of I, no right or titie accrued to th.e plaintiffs >se premises, the suit for deciaration of filed by the plaintiff was dismissed. d.ecree passed in Civi! Suit No.139-A of preferred First Appea! vvhich was a!so jecree dated 04.04.2006 passed by the !aipur in Civil Appeal No. 1-A of 2004. iearneci counsei for the appellants did ity or Segal ground to assaii the ded by the Lovv'er Court and affirmed by uit property being seif-acquired property Shrivastava, who had died intestate, 15.11.1981 on his wife Sate Smt. JanaK hna Bai. Anii Khare, respondent No.2 even a semblance of title over the suit snce of the heirs being the reiatives, as ^ 5 XI-HC-78 3:ST r^KlM^, ^Tf1^41(o, Rt<-11^^< 3TT^T ^)T f^TT^ ^TTW^T^t^) ^t> ^..f ^ ^' ^ +11H^I ShHKih ^ 20Q 9i1^1 ^^ <=b (^t3<s<^) ^TTW^tN'W^T -3H specifsed in ciass 1 of the schedu| Succession Act, 1956. Thus, nc| decision-making.in this Second ^ of admis9jon. • cbl<4l^l41-l WMt* ^* fe^t rf^PF^K ^3Tf^T3TT^T e mentioned in Section 8 ofthe Hindu substantiai question of !aw arises for .ppeal, vvhich is dismissed at the stage Appiication$(M.C.P.No.1l|41 of 2006) for stay also stands disposed of. Sd/- Dilip Raosaheb Deshmukh Judge P.T.O. 4''*