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2025 DAILYLAW 25960 (CHH)

AJAY LUTHRA v. ARUN LUTHRA (DEAD) THROUGH THE LEGAL HEIRS

WP227/509/2025 · 2025-06-15

Shri Rakesh Mohan Pandey

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Judgment text

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-1- 2025:CGHC:24195 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 509 of 2025 Ajay Luthra S/o. Late Shriram Luthra Aged About 60 Years R/o. Ashok Vihar Colony, Near Ashoka Hospital, Pandri, Raipur, District - Raipur (C.G.) ... Petitioner versus 1- Arun Luthra (Dead) Through The Legal Heirs Nill 1.1 - Anita Luthra Wd/o. Arun Luthra Aged About 60 Years R/o. Ashok Vihar Colony, Main Road, Pandri, Near Ashoka Hospital, Raipur, District - Raipur (C.G.) 1.2 - Aakash Luthra S/o. Late Arun Luthra Aged About 45 Years R/o. Ashok Vihar Colony, Main Road, Pandri, Near Ashoka Hospital, Raipur, District - Raipur (C.G.) 1.3 - Vidhi Luthra (Kakkad) W/o. Vinit Kakkad, D/o. Late Arun Luthra Aged About 38 Years R/o. Siddhi Vinayak Agency, Jhule Lal Chowk, Nahar Para, Raipur, District - Raipur (C.G.) 2 - Vijay Luthra S/o. Shriram Luthra Aged About 50 Years R/o. Gali No. 2, Ashok Vihar Colony, Pandri, Raipur, District - Raipur (C.G.) 3 - Mahesh Rajani Director - Rajgharana Restaurant, Address - In Front Of Pandri Bus Stand, Raipur, District - Raipur (C.G.) 4 - Rajgharana Hotel In Front Of Pandri Bus Stand, Raipur, District - Raipur (C.G.) 5 - Rajesh Singhal (Partner) Rajgharana Hotel, In Front Of Pandri Bus Stand, Raipur, District - Raipur (C.G.) 6 - Ramesh Rajani (Partner) Rajgharana Hotel, In Front Of Pandri Bus Stand, Raipur, District - Raipur (C.G.) -2- ... Respondent(s) (Cause Title is taken from Case Information System) For Petitioner : Mr. Rajesh Kumar Kesharwani, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 16.06.2025 1) The petitioner has filed this petition seeking the following relief(s):- “10. a. This Hon'ble Court may kindly be pleased to issue a writ in the nature of mandamus or suitable direction to the learned Court below, 2nd Addl. District Judge, Raipur, for the final hearing of the appeal bearing Civil Appeal No. 25A/21, fixed on 28/06/2025. 10.b. This Hon'ble Court may kindly be pleased to allow the consequential benefits of services, etc. 10.c. Any other relief as the Hon'ble Court may be deemed fit and proper with the cost of the petition.” 2) At the very outset, learned counsel for the petitioner submits that the learned Appellate Court may be directed to expedite the proceedings of Civil Appeal No. 25A/2021, which is pending before the learned IInd District Judge, Raipur for final hearing since 03.02.2025. It is further submitted that though the matter has been listed for final hearing on several occasions, but same has not been decided till date. He would also submit that the matter is fixed for final hearing on 28.06.2025 before the learned Court below. 3) Taking into consideration the submission made by learned counsel for the petitioner, the instant writ petition is hereby disposed of. However, the learned -3- Court below is directed to make all endeavour to conclude the proceedings of Civil Appeal No. 25A/2021 expeditiously, in accordance with law. 4) With the aforesaid observation and direction, this writ petition is disposed of at the motion stage itself. Sd/- (Rakesh Mohan Pandey) Judge Nadim