2026:CGHC:4125 NAFR RAHUL JHA HIGH COURT OF CHHATTISGARH AT BILASPUR Digitally signed by RAHUL JHA Date: 2026.01.23 16:06:30 +0530 Judgment reserved on 19-01-2026 Judgment delivered on 23-01-2026 FA No. 135 of 2007 Deepak Dubey S/o Late Shri Kedar Nath Dubey Aged About 64 Years R/o Krishna Kutir Opposite New Bus Stand, Near Hotel Guru, Pandri, Raipur Tah. And Distt. Raipur C.G.

... Appellant Versus

1 - Krishna Kant Dubey, Alias K.K. Dubey (Died) Through Lrs. (As Per Honble Court Order Dated 02-01-2025)

1.1 - (A) Anand Dubey S/o Late Shri Krishna Kant Dubey Aged About 55 Years R/o Sukhsagar, Phool Chowk, G.E. Road, Raipur, Chhattisgarh. 1.2 - (B) Abhishek Dubey S/o Late Shri Krishna Kant Dubey Aged About 50 Years R/o Sukhsagar, Phool Chowk, G.E. Road, Raipur, Chhattisgarh.

….Respondents (Cause-title is taken from Case Information System)

For Appellants : Mr. B.P. Sharma, Advocate with Mr. Pushp Kumar Gupta, Advocate.

For Respondents : Ms. Devika Thakur, Advocate with Mr.

Ribhav Agrawal, Advocate on behalf of Mr.

Thakur Anand Mohan Singh, Advocate.

Hon'ble Shri Bibhu Datta Guru , J

C A V Judgment

1. By way of the present appeal under Section 96 of the Code of Civil Procedure, 1908, the defenda