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2025 DAILYLAW 25974 (CHH)

FULCHAND v. PRESIDENT BHUPENDRA CLUB

MA/101/2025 · 2025-06-08

Shri Naresh Kumar Chandravanshi

body2025

Judgment text

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1 2025:CGHC:22674 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MA No. 101 of 2025 1 - Fulchand S/o Late Shri Ramswaroop Vishwakarma Aged About 81 Years R/o Ward No. 10, Manendragarh, Dist-M.C.B. Chhattisgarh 2 - Pradeep Kumar S/o Shri Fulchand Vishwakarma Aged About 54 Years R/o Ward No. 10, Manendragarh, Dist-M.C.B. Chhattisgarh 3 - Kuldeep S/o Shri Fulchand Vishwakarma Aged About 49 Years R/o Ward No. 10, Manendragarh, Dist-M.C.B. Chhattisgarh 4 - Rajesh Kumar S/o Shri Fulchand Vishwakarma Aged About 41 Years R/o Ward No. 10, Manendragarh, Dist-M.C.B. Chhattisgarh ... Appellants versus 1 - President Bhupendra Club Manendragarh, Through Manoj Agrawal R/o In Front Of Indane Gas Agency, Tah. Manendragarh, Dist-M.C.B. Chhattisgarh 2 - State Of Chhattisgarh Through District Collector, Manendragarh, Dist - M.C.B. Chhattisgarh 3 - Naib Tahsildar/ Nazul Tahsildar Manendragarh, Dist-M.C.B. Chhattisgarh ... Respondents For appellants : Mr. Ravindra Sharma, Adv. For Respondents No. 2 & 3. : Mr. Rajeev Bharat, Govt. Adv. For Respondent No. 1 : None. (Hon’ble Shri Naresh Kumar Chandravanshi, J) Order on Board 09/06/2025 1. Heard. 2. The appellants/plaintiffs have preferred this misc. appeal under Order 43 Rule 1(r) of the Code of Civil Procedure, 1908 against the order Digitally signed by AVANISH KUMAR PATHAK Date: 2025.06.11 14:54:35 +0530 2 dated 16-5-2025 passed by the 1st District Judge, Manendragarh, District Koriya in Civil Suit No. 14-A/2024, whereby the application under Order 39 Rules 1 and 2 of the CPC preferred by the appellants/plaintiffs has been rejected. 3. At the outset, learned counsel for the appellants would submit that, disputed construction pertaining to instant appeal has been completely demolished by the respondents, therefore, this appeal has become infructuous. He prayed that, though this appeal has become infructuous, but the trial Court may be directed to expedite the trial and conclude the same as early as possible. 4. Learned State counsel has no objection to allow the limited prayer made by learned counsel for the appellants. 5. On due consideration of the submission made by learned counsel for the parties, the prayer made by learned counsel for the appellants is allowed. This appeal is dismissed having become infructuous. However, the learned trial Court/1st District Judge, Manendragarh, District Koriya is directed to expedite the trial of Civil Suit No. 14-A/2024 pending before it and conclude the same as early as possible preferably within a period of 4 months from the date of receipt / submission of copy of this order. 6. Pending interlocutory application(s), if any, stands disposed of. Sd/- (Naresh Kumar Chandravanshi) JUDGE Pathak