Advocates:
['MANOJ PARANJPE', '', 'AMRITO DAS', 'VAISHALI MAHILONG', 'Bharat Sharma', 'Anurag Singh', 'VIVEK MISHRA', 'SHUBHANK TIWARI', 'K Rohan', 'A G', '', 'Prachi Agrawal', 'Ankur Agrawal', 'Supriya Upasane', 'HARI AGRAWAL', 'M L SAKAT', 'SAMEER ORAON', 'B P SHARMA', 'Anjinesh Shukla', 'RISHABH BISEN', 'RANBIR SINGH MARHAS', 'ANUBHUTI MARHAS', 'RAHUL KUMAR', 'VENKETESH PANDEY']

1

AFR

HIGH COURT OF CHHATTISGARH, BILASPUR

(Judgment reserved on 12.07.2022)

(Judgment delivered on 03.08.2022)

FA No. 186 of 2013

1. Shrimati Geeta Bai (Died) through LRs W/o as Per Hon'ble Court

Order Dated 18/02/2015.

2. Sudhir Bajaj S/o Shri Banwarilal Bajaj Aged About 52 Years The Son

of Deceased, R/o Ageyanagar Bilaspur, Tehsil and District Bilaspur

C.G.

3. Sandeep Bajaj S/o Shri Banwarilal Bajaj Aged About 50 Years The

Son of Deceased, R/o Ageyanagar Bilaspur, Tehsil and District

Bilaspur , Chhattisgarh

4. Smt. Lata Agrawal W/o Shri Rajesh Agrawal Aged About 57 Years

R/o Chindwada Nagpur Road Chindwada, Tahsil and District

Chindwada, the daughter of the Deceased.

5. Smt. Asha Choudhari W/o Shri V.K. Choudhari Aged About 55 Years

R/o Ring Road No. 2, Jari Patka Nagpur, Maharastra - Daughter.

6. Kumari Sopha Bajaj D/o Shri Banwarilal Bajaj Aged About 50 Years

The Daughter of The Deceased, R/o Ageya Nagar Bilaspur,

Chhattisgarh

7. Shri Banwarilal Bajaj S/o Late Shri Madaulal Bajaj Aged About 44

Years The Husband of the Deceased, R/o Ageyanagar, Bilaspur,

Tehsil and District Bilaspur Chhattisgarh. --- Appellants

Versus

1. Ramavatar Agrawal S/o Kanhaiyalal Agrawal Aged About 52 Years

R/o Kalpana Vihar, Nehru Nagar To Ameri Road, Tahsil and Distt.

Bilaspur Chhattisgarh.

2. State of Chhattisgarh through the Collector Bilaspur Chhattisgarh. ----

Respondents

For the Appellants

: Mr. Manoj Paranjpe, Advocate

For respondent No.1 :

Mr. Ranbir Singh Marhas, Advocate

For the State

:

Mr. Sanjay Pathak, Panel Lawyer.

2

FA No. 187 of 2013

Shrimati Premlata Bai W/o B.R. Lohiya Aged About 61 Years R/o

Mitra Bihar, Link Road, Shrikant Verma Marga, Tahsil and Distt.

Bilaspur Chhattisgarh

--- Appellant

Versus

1. Shri Nivash Agrawal (Dead) through Legal Representatives as per

Honble Court Order Dated/24-11-2021.

1.2 - Aman Goenka (Minor), S/o Late Shrinivash Agrawal, Aged About 16

Years Through His Mother And Natural Guardian Smt. Neera Goenka, R/o

299, Near Jwala Atta Chakki, Radha Bhavan, Hanuman Ganja Ward,

Murwara, Katni (M.P.) Presently Residing At Nimiya Road, Near Gyatri

Mandir, Katni (M.P.), District : Katni, Madhya Pradesh

2. State of Chhattisgarh through the Collector, Bilaspur District :

Bilaspur, Chhattisgarh

3. Smt. Neera Goenka, W/o Late Shrinivash Agrawal, Aged About 52

Years R/o 299, Near Jwala Atta Chakki, Radha Bhavan, Hanuman

Ganja Ward, Murwara, Katni (M.P.) Presently Residing at Nimiya

Road, Near Gyatri Mandir, Katni District : Katni Madhya Pradesh

--- Respondents

For the Appellants

: Mr. Manoj Paranjpe, Advocate.

For the State

: Mr. Vinod Tekam, Panel Lawyer.

For respondents 1 & 3 :

Mr. B.P. Sharma, Advocate

DB : Hon'ble Shri Justice Goutam Bhaduri, Judge &

Hon'ble Shri Justice Deepak Kumar Tiwari, Judge

C.A.V. JUDGMENT

Per Goutam Bhaduri, J

1. Both the appeals are being heard together as similar facts

and issues are involved except the parties to the suit. The

the appeals are by the defendant.

Facts of F.A. No.186 of 2013 (Geeta Bai Versus

3

Ramavtar Agrawal)

2. This is an appeal arising out of the judgment and decree

dated 2nd September, 2013 by the VI Addl. District Judge,

Bilaspur, in Civil Suit No.13-A of 2012. The respondent

Ramavatar Agrawal filed a suit for declaration and

permanent injunction against Smt. Geeta Bai. The pleadings,

as made by the plaintiff are that defendant Geeta Bai is real

maternal aunt (Sagi Mousi). Initially the financial position of

the plaintiff was not good when he shifted from Katni to

Bilaspur in 1975, therefore, out of love and affection, the

defendant gifted him a part of land bearing Kh.No.450/2

admeasuring 0.44 acres situated at village Ameri and the

possession thereof was handed over to him after the gift.

Later on, the name of plaintiff got mutated in