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2025 DAILYLAW 17189 (CHH)

Ramavatar Agrawal Road Construction Pvt. Ltd. v. Smt. Siyabai Sahu

FA/282/2017 · 2025-09-15

Shri Bibhu Datta Guru

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:47452-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR FA No. 282 of 2017 Ramavatar Agrawal Road Construction Pvt. Ltd. Link Road, Bilaspur Through Its Director Pawan Agrawal, S/o Satyapal Agrawal, Aged About 47 Years, R/o Hansa Vihar, Shrikant Verma Marg, Link Road, Bilaspur, Tahsil And District Bilaspur, Chhattisgarh ................Defendant No.2 --- Appellant versus 1 - Smt. Siyabai Sahu W/o Late Sh. Suresh, Aged About 57 Years D/o Late Sh. Pahari, R/o Pachari Ghat, Juna Bilaspur, Opposite Manohar Hotel, Bilaspur, P.O. And P.S. Bilaspur, District Bilaspur, Chhattisgarh ...............Plaintiff 2 - Shiv Kumar Sahu S/o Late Sh. Pahari, Aged About 54 Years R/o Ashaband, Birkona, P.S. Koni, Tahsil And District Bilaspur, Chhattisgarh ................Defendant No.1 3 - State Of Chhattisgarh, Through District Collector Bilaspur, Tahsil And District Bilaspur, Chhattisgarh ................Defendant No.3 --- Respondent(s) For Appellant : Mr. Manoj Paranjpe, Senior Advocate alongwith Mr. Bharat Sharma, Advocate For Respondent No.1 : Mr. Arvind Shrivastava, Advocate For Respondent No.2 : Mr. Amit Sharma, Advocate For Respondent/ State : Mr. S. S. Baghel, Dy. Govt. Advocate SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2025.09.17 10:53:05 +0530 2 And FA No. 106 of 2017 Shiv Kumar Sahu S/o Late Shri Pahari, Aged About 54 Years R/o Ashaband Birkona, Police Station Koni, Tahsil, Civil And Revenue District Bilaspur, Chhattisgarh .............Defendant No.1 ---Appellant Versus 1 - Smt. Siya Bai Sahu W/o Late Suresh Sahu, Aged About 57 Years D/o Late Pahari, R/o Opposite Manohar Hotel, Pacharighat, Juna Bilaspur, Police Station City Kotwali, Tahsil, Civil And Revenue District Bilaspur, Chhattisgarh .............Plaintiff 2 - Ramavtar Agrawal Road Construction Pvt. Ltd. Link Road Bilaspur, Through Its Director- Pawan Agrawal Aged About 47 Years, S/o Satyapal Agrawal, R/o Hansha Vihar, Shrikant Verma Marg, Link Road Bilaspur, Police Station Civil Lines, Tahsil, Civil And Revenue District Bilaspur, Chhattisgarh .............Defendant No.2 3 - State Of Chhattisgarh, Through District Collector Bilaspur, Police Station- Civil Lines, Tahsil, Civil And Revenue District Bilaspur, Chhattisgarh .............Defendant No.3 ... Respondent(s) (Cause title taken from CIS) For Appellant : Mr. Amit Sharma, Advocate For Respondent No.1 : Mr. Arvind Shrivastava, Advocate For Respondent No.2 : Mr. Manoj Paranjpe, Senior Advocate alongwith Mr. Bharat Sharma, Advocate For Respondent/ State : Mr. S. S. Baghel, Dy. Govt. Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Order on Board 3 Per Ramesh Sinha , Chief Justice 16.09.2025 FA No. 282 of 2017 1. The present First Appeal has been filed by the appellant/defendant No.2 with the following prayer :- “It is therefore most humbly prayed that the Hon'ble Court may kindly be pleased to allow the instant first appeal and the impugned judgment & decree judgment & decree dated 10.02.2017, passed by Additional District Judge, Bilaspur, District. Bilaspur, (C.G.), passed in Civil Suit No. 47A/2015, in case of "Smt. Siya Bai. Vs. Shiv Kumar Sahu & Ors.", may kindly be set aside and suit filed by the plaintiff may kindly be dismissed throughout costs.” 2. Pursuant to the order dated 3-9-2025 and with the consent of the parties, the matter was referred to the Mediation Cell of this Court under the aegis of the Special Mediation Drive launched by the Hon’ble Supreme Court– “Mediation for the Nation. Accordingly, both the parties appeared before the Mediation Centre on 10-9-2025 and stated that during pendency of the appeal, the parties have entered into amicable settlement in the year 2024 and the property in dispute has been purchased by the appellant herein from the respondent and now nothing is left and entire sale consideration has also been received by the respondent. Thus, the mediation settled. 3. Since the parties have amicably settled their dispute before the Mediation Centre, the First Appeal (FA No. 282 of 2017) stands disposed of in terms of the settlement agreed upon by the parties before the Mediation Centre. The terms of the said settlement shall form part of the order and decree. 4. A decree be drawn accordingly. 4 5. No order as to cost(s). FA No. 106 of 2017 6. The present First Appeal has been filed by the appellant/defendant No.1 with the following prayer :- “It is, therefore, prayed that this Hon'ble Court may kindly be pleased to allow this appeal and set-aside the judgment & decree dated 10.02.2017 passed by learned Additional District Judge, Bilaspur (C.G.), in Civil Suit No. 47-A/2015, parties between "Siyabai Sahu Vs. Shiv Kumar Sahu & others" suit of the plaintiff, is in the interest of justice.” 7. At the very outset, learned counsel appearing for the appellant/ defendant No.1 would submit that in respect of the suit land bearing khasra No.1342/2, 1343/3, 1344, 265 and 157 total land 4.09 acre, the matter has already been amicably settled between the plaintiff and defendant No.2 and mediation has also been settled on 10-9- 2025 nothing remains in this appeal for adjudication and hence the appellant may be permitted to withdraw this appeal. 8. Accordingly, the First Appeal bearing No. 106/2017 is dismissed as withdrawn. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice S. Bhilwar