Order on Board

13 /05/2022

1. The present MCC has been registered on the ground that the name of respondent No. 3 could not be reflected in the array of the parties in the CAV judgment delivered on 29.04.2022 in Second Appeal No. 278/2014.

2. Perusal of the records shows that the aforesaid second appeal was reserved on 03.03.2022 and on the same day, later on, this Court has allowed the application (I.A.No. 02/2021) for impleadment of respondent No. 3 namely- Bhupendra Bhave S/o Shri Rajeshwar Prasad Bhave, on a separate order sheet. The necessary amendments were incorporated on the same day in the original records of Second Appeal, however, inadvertently, the name of respondent No. 3 could not be reflected in the CAV judgment delivered on 29.04.2022.

3. The above error appears to be a clerical mistake.

4. Learned counsel appearing for the parties also submit that this MCC may be allowed and the respondent No. 3 may be ordered to be added in the CAV judgment.

5. In view of the above, it is ordered that in the judgment dated

29.04.2022 passed in Second Appeal No. 278/2014, in the array of the parties, after the respondent No. 2, it be read as follows:

“3. Bhupendra Bhave S/o Shri Rajeshwar Prasad Bhave aged about 25 years R/o Village Siladehi, Tahsil Bamhanidih, District Jangir Champa Chhattisgarh.”

6. Registry/ in-charge (CPC) is directed to delete the order passed by this Court on 29.04.2022 in SA No. 278/2014 which was earlier uploaded. Thereafter, the corrected order adding the name of respondent No. 3 be uploaded along-with the instant MCC.

7. With this observation and direction the instant MCC stands disposed of.

Sd/-

(Narendra Kumar Vyas)

Judge

Amita

AFR HIGH COURT OF CHHATTISGARH, BILASPUR Second Appeal No. 278 of 2014 Judgment Reserved on 03/03/2022 Judgment Delivered on 29/04/2022 Vijay Kumar Pandey S/o. Shri Bharatlal Pandey, Aged about 50 years, Caste Bramhin, R/o. Village Karnoud, Tahsil Champa, P.S. Birra, Civil and Revenue District Janjgir Champa (CG)

---------Appellant/Plaintiff VERSUS

1. Chameli Bai, Wd/o. Hiralal Pande, Aged about 50 years, R/o. Village Karnoud, Tahsil Champa, Hal Mukam Village Goud, Motilal Tiwari, P.O.

Goud, Tahsil Janjgir, District Janjgir Champa (CG)

At present R/o. V/o. Suresh Kumar Pandey, Railway Colony Qt. No.

70/3, Champa Civil and Revenue District Janjgir Champa (CG)

2. State of Chhattisgarh, Through Collector Janjgir Champa (CG).

3. Bhupendra Bhave S/o Shri Rajeshwar Prasad Bhave aged about 25 years R/o Village Siladehi, Tahsil Bamhanidih, District Jangir Champa (Chhattisgarh)

----------Respondents/Defendants -----------------------------------------------------------------------------------------------

For the Appellant : Mr. Bhuvaneshwar Singh Rajput, Advocate For the Respondents : Mr. Amit Kumar and Mr. R.K. Patel, No.1 and 3 Advocates For the State : Mr. Kunal Das, Panel Lawyer -----------------------------------------------------------------------------------------------

CAV Judgment

1. This is plaintiff/appellant's Second Appeal preferred under Section 100 of CPC against the judgment and decree dated 18.06.2014 passed by Additional District Judge, Janjgir Chamnpa in Civil Appeal No. 36- A/2013 arising out of judgment and decree dated 17.03.2011 passed by Second Civil Judge, Class-II, Champa District Janjgir Champa in Civil Suit No. 48 A/2008, whereby suit of appellant for declaration of title was dismissed by the Courts below.

2. This second appeal preferred by the plaintiff was admitted for final hearing on 20.01.2022 by formulating the following substantial question of law: -

“Whether the learned trial Court was justified in dismissing the suit filed by the plaintiff ignoring the well settled legal position that the second wife cannot inherent ancestral property of her husband ignoring the provisions of Hindu Succession Act”?

3. For the sake of convenience, parties hereinafter will be referred to as per their status shown in the Civil suit No. 48-A/2008 before the trial Court.

4. Brief facts necessary