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2025 DAILYLAW 14134 (CHH)

GEND SINGH v. HARISH CHAND

WP227/300/2018 · 2025-01-20

Shri Rakesh Mohan Pandey

body2025

Judgment text

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-1- 2025:CGHC:3368 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 300 of 2018 1 - Gend Singh S/o Mukundram Adharia Aged About 52 Years 2 - Govardhan (Died) Through Lrs As Per Honble Court Order Dated 10.10.2023 And 14.08.2024. 2.1 - Janki Bai Wd/o. Late Goverdhan Aged About 62 Years 2.2 - Ramesh Choudhary S/o. Late Goverdhan Aged About 45 Years 2.3 - Pramod Choudhary S/o. Late Goverdhan Aged About 41 Years, 2.1 to 2.3 are R/o. Village - Jamhar, Tahsil - Pithora, District - Mahasamund (C.G.) 2.4 - Kamla Patel D/o. Late Goverdhan Aged About 42 Years R/o. Village - Kauhakuda, Tahsil - Pithora, District - Mahasamund (C.G.). 3- Shriram S/o Mukundram Adharia Aged About 56 Years, 4 - Kubelal S/o Mukundram Adharia, Aged About 50 Years, 5 - Panch Ram S/o Late Shyam Lal Aged About 39 Years, 6 - Hariram S/o Late Shyamlal Aged About 36 Years, 7 - Shiv Prasad S/o Ram Lal Adharia, Aged About 46 Years, 8 - Harishankar S/o Ram Lal Adharia Aged About 36 Years, 9 - Bhagirathi S/o Ram Lal Adharia, Aged About 39 Years, No.3 to 9 are R/o Village Jamhar, P.S. Pithora, District Mahasamund Chhattisgarh. (Judgement Debtors/ Objectors). ... Petitioner(s) versus 1 - Harish Chand S/o Keshav Ram Aged About 35 Years R/o Village Jamhar Ps Pithora, District Mahasamund Chhattisgarh. ...........(Decree Holder/ Plaintiff), Digitally signed by NADIM MOHLE -2- 2 - Rudra Singh S/o Keshavram Aged About 73 Years, 3 - Smt. Kitabmati (Deleted) As Per Honble Court Order Dated 10.10.2023 And 14.08.2024. 4 - Dayanidhi Adharia, S/o Rudra Singh Adharia, Aged About 51 Years, 5 - Kripa Nidhi S/o Rudra Singh Adharia, Aged About 46 Years, 6 - Jagish S/o Rudra Singh Adharia, Aged About 41 Years, No. 2 to 6 are R/o Village Jamhar, Ps Pithora, District Mahasamund Chhattisgarh. 7 - State of Chhattisgarh Through The Collector, District : Mahasamund, Chhattisgarh. 8 - Padum Lal, S/o Ruprai Adharia, Aged About 66 Years, R/o Village Jamhar, PS Pithora, District Mahasamund Chhattisgarh. (Judgment Debtors / Defendants) ... Respondent(s) For Petitioners : Mr. Vineet Kumar Pandey and Mr. Varun Sharma, Advocate For Respondent No.1 : Mr. H. S. Patel, Advocate For Respondent No. 4 to 6 : Mr. Hanuman Prasad Agrawal, Advocates For Respondent No.7/State : Mr. Shubham Bajpai, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 20.01.2025 1) From a perusal of the order dated 06.01.2023, passed by learned Civil Judge, Class-2, Pithora, District Mahasamund, in Execution Case No. 21A/2009, it is apparent the proceeding has already been concluded, whereas the petitioner has sought the following relief(s):- “10.i. To kindly call for the records of the case no. 21A/2009 from the learned Civil Judge, Class II, Pithora, District Mahasamund (C.G.). ii. To kindly quash the impugned order dated 29/11/2017 passed by the learned Civil Judge, Class II, Pithora, District -3- Mahasamund (C.G.) (Annexure P/1). iii. To kindly direct the learned Civil Judge, Class II, Pithora, District Mahasamund (C.G.) to act in accordance with law and not to execute the preliminary decree dated 21/09/2011 (Annexure P/2). iv. To kindly make any other order that may be deemed fit and just in the facts and circumstances of the case including awarding of the costs to the petitioner.” 2) Taking into consideration the fact that execution proceeding has already been concluded, nothing survives for adjudication in the present case. Accordingly, this petition is hereby disposed of. However, the petitioner would be at liberty to take recourse to law. Sd/- (Rakesh Mohan Pandey) Judge Nadim