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High Court Of ChhattisgarhREVP/98/2017dismissed

Janakram v. Jeerabai

2017-09-21Hon'Ble Shri Justice Sanjay Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR REVP No. 98 of 2017

1. Janakram S/o Panchu Dhobi, Aged About 61 Years R/o Village Chandeli, District Balodabazar Bhatapara Chhattisgarh.

2. Jantaram S/o Panchu Dhobi, Aged About 59 Years R/o Village Chandeli, District Balodabazar Bhatapara Chhattisgarh. ---- Petitioners

Versus

1. Jeerabai S/o D/o Guharam Dhobi, Aged About 70 Years R/o Paunsari, Tashil Balodabazar District Balodabazar Bhatapara Chhattisgarh.

2. Ashok Kumar Jain, S/o Indra Kumar Jain, Office Address Jain Taransport New Bus Statnd, Balodabazar, District Balodabazar Bhatapara Chhattisgarh.

3. State Of Chhattisgarh, Through The Collector, Balodabazar District Balodabazar Bhatapara Chhattisgarh.

---- Respondents For Petitioners:

Shri Parag Kotecha, Advocate.

For Respondent No. 3:

Smt. Shobha Kashyap, Dy. G.A.

Single Bench:Hon'ble Shri Sanjay Agrawal, J Order On Board 21.09.2017 1.

Heard on an application for condonation of delay of 134 days in filing this Review Petition.

2.

On due consideration, the application is allowed and delay of 134 days is accordingly condoned.

3.

Also heard on admission.

4.

This is the review petition filed by the applicants Janakram and Jantaram, who are sons of Heera Bai, against the order dated 09.03.2017 passed by this Court in S. A. No. 572 of 2016, by which, the appeal filed by

the appellants/applicants was dismissed.

5.

Shri Parag Kotecha, Counsel for the petitioners submits that the order impugned deserves to be reviewed as Guharam, who was the owner of the property in question, has expired after the enforcement of Hindu Succession Act, 1956. Therefore, the order deserves to be reviewed. 6.

I have gone through the relevant papers annexed with this review petition and found that there is a specific finding recorded in this regard that Guharam expired in 1952, i.e., much prior to the enforcement of Hindu Succession Act, 1956. In view of this fact, I do not find any mistake or error apparent on the face of the record so as to interfere with the order impugned passed in S. A. No. 572/2016.

7.

Accordingly, the Review Petition being devoid of merit is hereby dismissed at admission stage itself.

Sd/- (Sanjay Agrawal) JUDGE Nikita