^S^^^^S^^W ^ in 11. J\.^ HIGH COURT OF CHHATTiSGARHAT BILASPUR SJnaSe Bench : Hon?b!e Shri Diiip Raosaheb Deshmykh, J. Appellant^Defendant N9,3 .RespQndents Second ADoeai No.83/2008 Brihaspatia Widow of Late Ramjatan, Aged 40 years, R/o Artition Biock, Podi Coiijery, Thana Podi, Tehsi! Balkunthpur, District Korea (C«G,) Versus 1. Son Sai S/o Shri Jaylai Gond, Aged about 42 years, R/o 96 Qyarter, West Chlrmiri Cdi!iery,Thana Podl, Tehsll Baikunthpur, District Korea (C.G.) 2. indai, S/o Shri Buibuii Gond, Aged about 50 years, R/o Baganachha Dashai, Mohan C&!ony, Haidibadi, Thana Chirmiri, Tehsii Manendragarh, District Korea (C.G.) 3. S.E.C.L. Chirmiri CoIJIery Area, through General Manager, West Chjrrnlri Coillery, District Korea (C.G.) 4. Manager, West \ Chjrmlri CoJitery, S.E.C1., Chirmiri Area, District Korea (C.G.) I 5. Regional Commissioner, C.MP.F., Gupteshwar Marg, Jabaipur (M.P.) ^6.., Kanhaiya S/o Bigan Gpnd, Aged about 37 years, R/o Ko.rea Coiiiery, Tharia Podi, Tehsjl Baikunthpur, District Korea (C.G.) of 100 of Procedyre, 1908. »2.». Present : Shri Shashi Kumar Kushwaha, counselfor the appeiiant ORAL (Passed on 18sn February, 2008) Heard on I.A.No.2, which is an appllcation for taking document on record< (2) Considered and ailowed. Document Is taken on record. -.(3) Heard-on admlssjon. : .• ^ (4) The appellant is aggrieved by the rejectlon of her counter claim as widow ofRarnjatan-by both the Courts beiow, .(5) : it Is ncrf dlsputed byleamed counsel for the appellant'friat the: appellant/defendant No.S-Brihaspatia Bai. had . fiied succession. ^- No.97/2000 ih the Court of Civi! dudge Class !, Baikunthpur whlch was lwithcJrawn.;B6th the.Courts:rbe!ow^ave rqected the^cou^^^ appeilanVdefendant No.3 on the g?-ouod that she has failed to establlsh that she is the widow'of.Ramjatan.The said Tjndlngi is^yi^findlng of facfr .based cn proper appreciation of evidence. No substantial .questlon of iaw thus arises for determinatlon ofthis appeaS. (6) in the resuit, this appeai being devaid of any merit is accordingly dismissed atthe stage of adniission. (7) Cpnsequent!y, IA.No.1, which is an application under Order 41 Ruie 5 C.P.C. for grant of stay, aiso stands dlsposed of. DitipRao'^ahebDeshmukh Judge