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2025 DAILYLAW 16748 (CHH)

GANESHIYA BAI v. GANGOTRI BAI PATEL

CR/94/2025 · 2025-06-19

Shri Amitendra Kishore Prasad

body2025

Judgment text

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1 2025:CGHC:26382 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CR No. 94 of 2025 1 - Ganeshiya Bai Wd/o Late Loknath Nishad Aged About 55 Years R/o Village - Beltikri, Tehsil And District - Rajnandgaon (C.G.), (Defendants) 2 - Vijay Kumar Prasad S/o Late Loknath Nishad Aged About 32 Years R/o Village - Beltikri, Tehsil And District - Rajnandgaon (C.G.) 3 - Nisha Nishad D/o Late Loknath Nishad Aged About 30 Years R/o Village - Beltikri, Tehsil And District - Rajnandgaon (C.G.) 4 - Shubham Kumar Nishad S/o Late Loknath Nishad Aged About 28 Years R/o Village - Beltikri, Tehsil And District - Rajnandgaon (C.G.) ... Applicants versus 1 - Gangotri Bai Patel Wd/o Late Madanlal Patel Aged About 49 Years R/o Village - Kumhalori, Tehsil And District - Rajnandgaon (C.G.), (Plaintiffs And Other Defendants) 2 - Umesh Patel S/o Late Madanlal Patel Aged About 36 Years R/o Village - Kumhalori, Tehsil And District - Rajnandgaon (C.G.) 3 - Ganeshwari Patel D/o Late Madanlal Patel Aged About 27 Years R/o Village - Kumhalori, Tehsil And District - Rajnandgaon (C.G.) 2 4 - Dhaneshwar Patel S/o Late Madanlal Patel Aged About 27 Years R/o Village - Kumhalori, Tehsil And District - Rajnandgaon (C.G.) 5 - Maya Patel D/o Late Madanlal Patel Aged About 25 Years R/o Village - Kumhalori, Tehsil And District - Rajnandgaon (C.G.) 6 - Rahul Kumar Patel S/o Late Madanlal Patel Aged About 23 Years R/o Village - Kumhalori, Tehsil And District - Rajnandgaon (C.G.) 7 - State Of Chhattisgarh Through The Collector, Rajnandgaon, District Office - Rajnandgaon (Original Defendant No. 6) ... Respondents For Applicants : Mr. Shobhit Koshta, Advocate. For State : Ms. M. Asha, Panel Lawyer. For Respondent No. 1 to 6 : Mr. Tridib Bhattacharya, Advocate Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 20/06/2025 1. Heard on IA No. 02/2025, which is an application for condonation of delay in filing of the instant revision. 2. Learned counsel for the applicants submits that there is delay of 29 days in filing of the instant revision, which is due to bonafide reasons. 3. On the other hand, learned counsel for the respondent submits that the delay in filing of the instant revision has not been properly explained and as such it could not be condoned. 3 4. On due consideration and for the reasons mentioned in the application, the delay in filing of the instant revision is hereby condoned. 5. Learned counsel for the applicants, after arguing for some time, seeks permission of this Court to withdraw the civil revision with liberty to raise the grounds before the concerned Trial Court in terms of the maintainability of the civil suit, during the course of the trial. 6. The prayer is fair and reasonable. 7. Accordingly, the instant civil revision is dismissed as withdrawn with the aforesaid liberty reserved in favor of the applicants. sd/- (Amitendra Kishore Prasad) Judge alfiza