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2025 DAILYLAW 20654 (CHH)

KAMALA KUSHWAHA v. KESHO PRASAD

WP227/450/2023 · 2025-02-07

Shri Rakesh Mohan Pandey

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:7038 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 450 of 2023 Kamala Kushwaha W/o Late Shyamlal Aged About 56 Years R/o Village Sohga, Police Station And Tehsil Darima .........Plaintiff, District : Surguja (Ambikapur), Chhattisgarh ... Petitioner(s) versus 1. Kesho Prasad S/o Late Shyamlal Aged About 61 Years Caste Koir R/o Village Sohga, Police Station And Tehsil Darima .........Defendant, District : Surguja (Ambikapur), Chhattisgarh 2. Indeshwar Prasad S/o Late Shyamlal Aged About 59 Years Caste- Koir, R/o Village Sohga, Police Station And Tehsil Darima, District : Surguja (Ambikapur), Chhattisgarh 3. Ramkeli D/o Late Shyamlal Aged About 66 Years R/o Village Karji, Police Station And Tehsil Darima, District : Surguja (Ambikapur), Chhattisgarh 4. Phooleshwari D/o Late Shyamlal Aged About 63 Years Caste Koir, R/o Village Raghavpuri, (Near Railway Station) Tehsil Amibkapur, District : Surguja (Ambikapur), Chhattisgarh 5. Bhagmaniya W/o Indradev Prasad Aged About 50 Years R/o Village Sohga, Police Station And Tehsil Darima, District : Surguja (Ambikapur), Chhattisgarh 6. Shivkumar S/o Late Bhaira Ram Aged About 52 Years R/o Village Sohga, Police Station And Tehsil Darima, District : Surguja (Ambikapur), Chhattisgarh 7. Dulari Devi W/o Vikram Aged About 50 Years R/o Vishrampur Tehsil Surajpur, District : Surajpur, Chhattisgarh 2 8. Purnima Dubey W/o Dinesh Dubey Aged About 45 Years R/o Village Berkela, Police And Tehsil Darima, District : Surguja (Ambikapur), Chhattisgarh 9. Sandeep Gupta S/o Vinod Gupta Aged About 30 Years R/o Village Sohga, Police Station And Tehsil Darima, District : Surguja (Ambikapur), Chhattisgarh 10. Gangotri Kushwaha W/o Ramchandra Kushwaha Aged About 60 Years R/o Village Karji, Police Station And Tehsil Darima, District : Surguja (Ambikapur), Chhattisgarh 11. State Of Chhattisgarh Through Collector Sarguja Ambikapur, District : Surguja (Ambikapur), Chhattisgarh ... Respondent(s) For Petitioner : Mr. T.K. Jha, Advocate For Respondents No. 1 and 2 : Mr. A.K. Yadav, Advocate For State : Mr. Dashrath Prajapati, P.L. Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 07/02/2025 1) Learned counsel for the petitioner submits that petitioner/ plaintiff filed a suit for declaration of title, partition and separate possession of suit land mentioned in Schedule (A) against defendants. He further submits that during pendency of civil suit, an application under Section 151 of CPC was moved by defendants No. 1 and 2 which was allowed by learned trial Court vide order dated 20.12.2022 and against that order petitioner has filed the instant petition. He contends that revenue Courts are not entering the name of petitioner/ plaintiff in the revenue records on account of order of status-quo passed by learned trial Court. He further contends that civil suit is pending since 2021, therefore, a direction may be issued to the learned Court below to expedite the proceeding of the pending case. 3 2) On the other hand, learned counsels appearing on behalf of respective respondents oppose. 3) Heard. 4) Taking into consideration the fair and reasonable prayer made by Mr. T. K. Jha, instant petition is disposed of directing the Civil Judge Class-II, Ambikapur, District Sarguja to make all endeavors to conclude the proceeding of Civil Case No. 72-A/2021 expeditiously, keeping in mind the fact that order of status quo is operating in favor of defendants No. 1 and 2 since 2021. 5) With the aforesaid direction(s), instant writ petition stands disposed of. Sd/- (Rakesh Mohan Pandey) JUDGE Ajinkya