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2025 DAILYLAW 20500 (CHH)

Anil Vyapari and Anr. v. Poornalaxmi

MCC/899/2014 · 2025-01-16

Shri Parth Prateem Sahu

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Judgment text

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1 2025:CGHC:3167 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 899 of 2014 1 - Anil Vyapari And Anr. S/o Kanak Vyapari Aged About 56 Years R/o Village- Chathirma, P.S. And Post- Ambikapur, Distt. Surguja C.G., Chhattisgarh 2 - Sunil Vyapari S/o Kanak Vyapari Aged About 51 Years R/o Village- Chathirma, P.S. And Post- Ambikapur, Distt. Surguja C.G., District : Surguja (Ambikapur), Chhattisgarh ... Applicants Versus 1 - Poornalaxmi W/o Panch Kaudi Das Aged About 61 Years R/o Village- Chathirma, P.S. And Post- Ambikapur, Distt. Surguja C.G., Chhattisgarh ... Non-Applicant For Applicants : Mr. Mayank Gupta, Advocate For Non-Applicant : None SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 16 /01/2025 1. This application is filed under Order 39 Rule 2 (A) of the Civil Procedure Code alleging willful disobedience of the order dated 25.02.2008 in S.A. No. 69/2008 by the Non-Applicant/Respondent herein. 2. Learned counsel for the applicant submits that after passing of the order dated 25.02.2008 in Second Appeal No. 69/2008, the respondent has sold the suit property in favour of Mr. Ashok Kumar Singhal and Anil Kumar Gupta on 17.09.2014. SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 3. Perused the order dated 25.02.2008 which is alleged to have been disobeyed by the respondent. 4. The operative part of the order dated 25.02.2008 is extracted below for ready reference:- “Purely, as a temporary measure, it is ordered that from the date of service of notice of I.A. No. 1 on the respondent No. 1, status quo, as it exists on the date of service of notice, shall be maintained till the next date of hearing.” 5. From perusal of operative portion of the order, it it does not reflect that the status-quo on what has to be maintained by the parties. Further, the second appeal filed by the appellant itself has been dismissed on merits vide order dated 24.02.2020, in the aforementioned facts of the case and for the foregoing discussions, I do not find any good ground to continue with this application filed under Order 39 Rule 2 (A) of the Civil Procedure Code. 6. Accordingly, this application filed under Order 39 Rule 2 (A) is liable to be and is hereby, dismissed. Sd/- (Parth Prateem Sahu) Judge Dey