1 2025:CGHC:13419 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 239 of 2025 Smt. Krishna Patel W/o Ghasilal Patel Aged About 54 Years R/o Ward No. 5, Dabhara, Tahsil- Dabhara, District- Sakti (C.G.) ... Petitioner(s) versus 1. State Of Chhattisgarh Through The Collector, Office Of District Collector, Sakti (C.G.) 2. The Sub-Divisional Officer, Public Works Department, Sakti, Office Railway Station Road, Sakti, District- Sakti (C.G.) 3. The Chief Executive Officer, Nagar Panchayat, Dabhara, District- Sakti (C.G.) 4. Gayatri Mandir, Dabhara Through The President And Secretary, Gayatri Mandir, Dabhra, Adjacent To Ward Centre Dabhara, Tahsil- Dabhara, District- Sakti (C.G.) ... Respondent(s) For Petitioner : Mr. Aditya Khare, Advocate For State/ Respondent No. 1 and 2 : Mr. Dashrath Prajapati, P.L. Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 20/03/2025 1) Petitioner has filed this petition assailing the order passed by learned First Civil Judge-Senior Cadre, Janjgir to the Additional Civil Judge, Dabhara, District- Janjgir Champa passed in Civil Suit No. 37-A/2024 dated 19.12.2024 whereby the application U/o 39 Rule 1 and 2 of CPC filed by petitioner/ plaintiff has been rejected. 2) Evidently, the order passed by learned trial Court whereby application 2 moved U/o 39 Rule 1 and 2 of CPC was rejected is appealable according to the provisions of Order 43 Rule 1 of CPC, therefore, instant petition is not maintainable. 3) Consequently, this petition being not maintainable stands dismissed. However, petitioner will be at liberty to take recourse to law. Certified copy be returned after retaining its xerox copy. Sd/- (Rakesh Mohan Pandey) JUDGE Ajinkya