Indira Shrivastava vs Ramesh Chandra Shrivastava, S/o Late Kuldeep Narayan Shrivastava

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Chh) 57

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
AMITENDRA KISHORE PRASAD
Indira Shrivastava – Appellant
Versus
Ramesh Chandra Shrivastava, S/o Late Kuldeep Narayan Shrivastava – Respondent

Advocates Appeared:
For the Applicant :Mr. Karunendra Narayan Singh, Advocate on behalf of Mr. BP Sharma, Advocate
For the Respondent:Mr. Pawan Kesharwani, Advocate

Table of Content
1. dispute regarding mutation of property ownership. (Para 1 , 2)
2. arguments on limitations and merit considerations. (Para 3 , 4)
3. court should prioritize substantive justice over technicalities. (Para 5 , 8 , 9)
4. power of appeal committee to extend limitations. (Para 7 , 12)
5. remanding case for reevaluation and opportunity to file applications. (Para 13 , 14 , 15)

ORDER :

Amitendra Kishore Prasad, J.

1. The applicant has filed this Civil Revision under Section 392 of the CG Municipal Corporation Act, 1956 (in short “the Act”) being aggrieved by the order dated 9.5.2024 passed by the Third Additional District Judge, Raipur (CG) in Civil MJC No.89/17. By the impugned order, the MJC was allowed on the ground that the Appeal Committee of the concerned Municipal Corporation has passed the order dated 11.4.2016 in favour of the present applicant without considering the delay in preferring the subject appeal.

2. The facts relevant for disposal of this Revision are as follows : it concerns a dispute regarding mutation of House No.14/281/1, situated at Indira Gandhi Ward, Naharpara, Raipur. The said property was registered in the Municipal Records in the name of Kuldeep Na