Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:22487
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 485 of 2025 Smt. Shikha Chhabadiya W/o Shri Piyush Pinjani Aged About 36 Years D/o Late Mahesh Chhabadiya, R/o Panchsheel Nagar, Behind Jai Jawan Petrol Pump, Civil Lines, (Wrongly Mentioned As Line In Cause Title of impugned order) Raipur, District Raipur Chhattisgarh.
... Petitioner/plaintiff versus 1 - Reena Chhabadiya W/o Late Mahesh Chhabadiya 2 - Kumari Sweta Chhabadiya D/o Late Mahesh Chhabadiya Both the above respondents R/o House No. 204, Royal Exotica, In Front of T.V. Tower, Shankar Nagar, Raipur, District Raipur Chhattisgarh.
... Respondents/Defendants For Petitioner : Mr. Prasoon Agrawal, Advocate. For Respondents : None.
2 Hon’ble Shri Justice Arvind Kumar Verma, J
Order on Board 03/06/2025 Challenge in this petition is to the legality and validity of the order dated 7th May, 2025 passed by 6th Civil Judge, Junior Division, Raipur in the unregistered civil suit whereby the application under Order 39 Rule 3 read with Section 151 of CPC, 1908 filed by the petitioner/plaintiff has been rejected.
02. I have heard learned counsel for the petitioner and perused the
order dated 7th May, 2025 passed by learned trial Court. On perusal of the record it is crystal clear that respondent No.2, the so-called power of attorney holder, is real sister of the petitioner. On 18th September, 2024 the petitioner executed a registered power of attorney in favour of respondent No.2. It also revealed that the power of attorney was cancelled vide registered cancellation deed dated 10th February, 2025 and the same was also published in newspaper on 6th March, 2025. But after cancellation of power of attorney and publication of cancellation of power of attorney deed, respondent No.2 has executed a gift deed on 12th March, 2025.
03. Looking to the peculiar facts and circumstances of the case, it is
directed that status quo in respect of the suit property should be maintained till disposal of the application under Order 39 Rule 1 & 2 of
3 CPC, 1908 and the trial Court is directed to decide the said application within a period of 30 days from the date of receipt of copy of this order. The petitioner is directed to deliver the order of this Court to the opposite party or to send to him by registered post immediately after receipt of this order. The petitioner is also directed to file an affidavit before the concerned trial Court stating therein that copies of this order, plaint and the documents on which she relies, have been sent to the respondents/defendants.
04. With the aforesaid directions, the writ petition stands disposed of. Consequently, IA No.02/2025, application for urgent hearing and IA No.03/2025, application for hearing during summer vacation, also stand disposed of. Sd/ (Arvind Kumar Verma) Judge Khan
MOHD AKHTAR KHAN Digitally signed by MOHD AKHTAR KHAN Date: 2025.06.04 10:31:52 +0530