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2025 DAILYLAW 12230 (CHH)

MD. SALIM ROKADIYA v. MD. ARIF ROKADIYA

WP227/233/2025 · 2025-03-19

Shri Rakesh Mohan Pandey

body2025

Judgment text

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1 2025:CGHC:12971 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 233 of 2025  Md. Salim Rokadiya S/o Md. Dawood Rokadiya, Aged About 49 Years R/o Salhewarpara, Near Purana Haddi Godown, Dhamtari, Tahsil Dhamtari, District Dhamtari (C.G.) (Defendant No. 1) ... Petitioner(s) versus 1. Md. Arif Rokadiya S/o Md. Dawood Rokadiya Aged About 46 Years R/o Akash Ganga Colony, House No. 48, Rudri Road, Dhamtari, Tahsil Dhamtari, District Dhamtari (C.G.) 2. Smt. Shahnaz Bano W/o Slim Rokadiya Aged About 45 Years R/o Salhewarpara, Near Purana Haddi Godown, Dhamtari, Tahsil Dhamtari, District Dhamtari (C.G.) (Defendant No. 2) 3. Smt. Ayesha Bano Md, Dawood Rokadiya Aged About 67 Years R/o Salhewarpara, Near Purana Haddi Godown, Dhamtari, Tahsil Dhamtari, District Dhamtari (C.G.) (Defendant No. 3) 4. State Of Chhattisgarh Through Collector, Balod, District Balod (C.G.) (Defendant No. 4) ... Respondent(s) For Petitioner : Mr. Manoj Paranjpe, Advocate For State/ Respondent No. 4 : Mr. Shubham Bajpayee, P.L. Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 19/03/2025 1) At the very outset, learned counsel for the petitioner/ defendant No. 1 submits that defendant No. 1 may be permitted to move an application Digitally signed by AJINKYA PANSARE Date: 2025.03.19 14:41:54 +0530 2 for framing additional issue with regard to court fee as the plaintiff has not affixed appropriate court fee according to the valuation of the suit property. 2) No objection from other side. 3) Taking into consideration the submission made by Mr. Paranjpe, instant writ petition stands disposed of reserving liberty in favor of defendant No. 1 to move appropriate application U/o 14 Rule 5 of CPC proposing additional issue regarding subject of court fee. It is expected that the learned trial Court will decide the same in an objective manner strictly in accordance with law on its own merits. 4) With the aforesaid direction(s), instant writ petition stands disposed of. Sd/- (Rakesh Mohan Pandey) JUDGE Ajinkya