1 2025:CGHC:24632 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 226 of 2021 1 - Banshilal (Dead) Through Lrs (A) Ramashankar, S/o Late Banshilal Dubey, Aged About 56 Years Legal Heirs Of Deceased Defendant Banshilal R/o Village Pendri, Tahsil Takhatpur, District Bilaspur. 1.1 - (B) Vijay Kumar S/o Late Banshilal Dubey Aged About 52 Years Legal Heirs Of Deceased Defendant Banshilal R/o Village Pendri, Tahsil Takhatpur, District Bilaspur. 1.2 - (C) Santosh Kumar S/o Late Banshilal Dubey Aged About 46 Years Legal Heirs Of Deceased Defendant Banshilal R/o Village Pendri, Tahsil Takhatpur, District Bilaspur. 2 - Gokaran Dubey S/o Hiraram Dubey Aged About 60 Years Caste Brahmin, R/o Village Mendra, Tahsil Takhatpur, District Bilaspur Chhattisgarh 3 - Kumari Bai (Dead) Through Lrs (A) Smt. Chandrakanta Dwivedi W/o Shri Shri Rajkumar Dwivedi Aged About 55 Years R/o Post Mahant Amora,tahsil Nawagarh, District Janjgir Champa Chhattisgarh 3.1 - (B) Ashutosh Dwivedi S/o Late Dharmnand Dwivedi Aged About 47 Years R/o Bhoghapara, Shivrinarayan, District Janjgir Champa 3.2 - (C) Smt. Chandrarekha Tripathi W/o Ramesh Tripathi Aged About 41 Years R/o Civil Lines, Janjgir, District Janjgir Champa No. 3(A) To (C) Are Legal Heirs Of Deceased Defendant Kumari Bai. 4 - Kalindri Bai W/o Girdharilal Aged About 60 Years Caste Brahmin, R/o Of Kuan, Tahsil Takhatpur District Bilsapur ... Petitioners Versus 1 - Bhupendra Kumar Sharma Alias Bablu S/o Late Atmaram Sharma Caste Brahmin, R/o Village Pendri, Tahsil Takhatpur, District Bilaspur Chhattisgarh 2 - Rukhminbai W/o Mohan Lal Tiwari Aged About 80 Years Caste Brahmin R/o Village Ghuturkundi, Tahsil Pandariya, District Kawardha Chhattisgarh 3 - Naryan Dubey S/o Hariram Dubey Aged About 55 Years R/o Village Mendra, Tahsil Takhatpur, District Bilaspur Chhattisgarh 4 - State Of Chhattisgarh Through The Collector Bilaspur Chhattisgarh ... Respondents Digitally signed by RAMESH KUMAR VATTI 2 For Petitioners : None appeared even in two round For Respondent No. 3/State : Mr. Dashrath Prajapati, Panel Lawyer Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 16/06/2025 1. The petitioners have filed this petition seeking the following relief(s):- 10 a. This Hon’ble Court may be pleased to call for the records of the court below pertaining to the case of the petitioner for perusal of this Hon’ble Court. 10 b. This Hon’ble Court may be pleased to set aside the order dated 19.09.2019 (Annexure P-1) passed by the Court below and in effect reject the application filed by the plaintiff/respondent No. 1 under Order 41 Rule 5 of CPC in the facts and circumstances of the case. 10 c. Cost of the proceedings. 10 d. Any other writs and directions that may be deemed fit and just in the facts & circumstances of the case. 2. As per instruction received, Civil Appeal No. 155A/2019 has already been decided by the learned Appellate Court vide judgment dated 11.04.2023 and thus, the petition has become infructuous. 3. Accordingly, the petition is dismissed being rendered infructuous. Sd/- (Rakesh Mohan Pandey) Judge vatti