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2025 DAILYLAW 29273 (CHH)

SANAD AGRAWAL v. N. L. SHRIVASTAVA

WP227/567/2025 · 2025-06-29

Shri Rakesh Mohan Pandey

body2025

Judgment text

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1 2025:CGHC:28847 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 567 of 2025 1. Sanad Agrawal S/o Late Shri Bhagwat Prasad Agrawal Aged About 49 Years R/o Priya Computers, Near S.B.I. Bank, Khairagarh, Tahsil - Khairagarh, District - Rajnandgaon (C.G.), (Defendant No. 2,3,4 Respectively) 2. Sharad Agrawal S/o Late Shri Bhagwat Prasad Agrawal Aged About 43 Years R/o Sonar Para Gali, Itwari Bazar, Ward No.-6, Nazul Block No.-8, Tahsil - Khairagarh, Earlier District - Rajnandgaon, Now District Khairagarh- Chhuikhadan-Gandai (C.G.) 3. Sagar Agrawal S/o Late Shri Bhagwat Prasad Agrawal Aged About 33 Years R/o Sonar Para Gali, Itwari Bazar, Ward No.-6, Nazul Block No.-8, Tahsil - Khairagarh, Earlier District - Rajnandgaon, Now District Khairagarh- Chhuikhadan-Gandai (C.G.) ... Petitioner(s) versus 1. N. L. Shrivastava S/o Late Shri Uday Lal Shrivastav Aged About 83 Years R/o Shrivastav Sadan, Kachahari Road, District - Durg (C.G.), (Plaintiff) 2. Smt. Neelima Wd/o Shri Suraj Agrawal Aged About 35 Years R/o Sonar Para Gali, Itwari Bazar, Ward No.-6, Nazul Block No.-8, Tahsil - Khairagarh, Earlier District - Rajnandgaon, Now District Khairagarh-Chhuikhadan- Gandai (C.G.), (Defendant No. 5), (Respondent No. 3 Satish Agrawal (Dead Defendant No. 1) ... Respondent(s) (Cause Title is taken from Case Information System) For Petitioner : Ms. Komal Yadav, Advocate holding the brief of Mr. Smriti Ekka, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 30. 06.2025 1. Today the matter is listed on default. 2. Learned counsel for the petitioner would submit that a certified copy of the SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2025.06.30 18:01:54 +0530 2 plaint has been filed as Annexure P/1 and it is properly arranged, therefore, the default may be over-ruled. 3. On due consideration, prayer made by Ms. Yadav is hereby allowed. Office objection is hereby ignored. Heard on admission 4. By way of this petition, the petitioner has sought the following relief(s):- “10.1 The Hon’ble Court may issue an appropriate writ, order, or direction to the learned Civil Judge Class-I/Senior Division Khairagarh, Earlier District Rajnandgaon, Now District Khairagarh-Chuikhadan- Gandai, Chhattisgarh, to dispose of all pending interlocutory applications and to expedite and dispose of the trial proceedings of Civil Suit No. 20A/2019 within a specific time frame as deemed appropriate by this Hon’ble Court; 10.2 The Hon’ble Court may impose cost upon the Respondent No. 1/Plaintiff for abusing the process of law by filing repetitive similar interim applications in the Civil Suit No. 20A/2019. 10.3 Any other relief which this Hon’ble Court deems fit and proper be awarded in favor of the petitioner.” 5. Learned counsel appearing for the petitioner would submit that the Civil Suit No. 20A/2019 has been filed by the plaintiff/respondent No. 1 is pending consideration since 28.06.2019. She would further submit that the plaintiff/respondent No. 1 has made several attempts to delay the suit by filing unnecessary interlocutory applications. Thus, she would pray that a direction may be issued to the concerned Court to conclude the proceeding of Civil Suit No. 20 A/2019 and decide pending interlocutory applications within a stipulated time. 6. Taking into consideration the submission made by Ms. Yadav, this petition is disposed of with a direction to the concerned Court i.e. Civil Judge 3 Class-I/Senior Division, Khairagarh to make all endeavours to conclude the proceedings of pending Civil Suit No. 20A/2019 expeditiously. 7. With the aforesaid observation(s), and direction(s), the instant petition is hereby disposed of. Sd/- (Rakesh Mohan Pandey) Judge $iddhant