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2025 DAILYLAW 30363 (CHH)

SMT. SUKHBAI BANJARE v. RAMESH BANJARE

WP227/487/2020 · 2025-04-22

Shri Rakesh Mohan Pandey

body2025

Judgment text

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1 2025:CGHC:18228 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 487 of 2020 1 - Smt. Sukhbai Banjare W/o Late Mohan Banjare Aged About 44 Years Resident Of Magarpara, Marimayi Mandir Road, Bilaspur, Chhattisgarh. (Plaintiff No. 1) 2 - Padma Banjare @ Arti Shamnani D/o Late Mohan Banjare Aged About 25 Years R/o Magarpara, Marimayi Mandir Road, Bilaspur, District Bilaspur, Chhattisgarh. (Plaintiff No. 3) 3 - Shimmi @ Mogli D/o Late Mohan Banjare Aged About 23 Years R/o Magarpara, Marimayi Mandir Road, Bilaspur, District Bilaspur, Chhattisgarh. (Plaintiff No. 4) 4 - Anjali Banjare D/o Late Mohan Banjare Aged About 20 Years R/o Magarpara, Marimayi Mandir Road, Bilaspur, Chhattisgarh. (Plaintiff No. 5) ... Petitioners versus 1 - Ramesh Banjare S/o Late Makhan Banjare Aged About 63 Years R/o Magarpara, Marimayi Mandir Road, Bilaspur, Chhattisgarh. (Defendant No. 1) 2 - Naresh Banjare S/o Late Makhan Banjare Aged About 55 Years R/o Magarpara, Marimayi Mandir Road, Bilaspur, Chhattisgarh. (Defendant No. 2) 3 - Smt. Parvati Bai W/o Late Suritram Banjare Aged About 63 Years R/o Magarpara, Marimayi Mandir Road, Bilaspur, Chhattisgarh. (Defendant No. 3) 4 - Lakshmi Bai D/o Late Suritram Banjare Aged About 45 Years R/o Magarpara, Marimayi Mandir Road, Bilaspur, Chhattisgarh. (Defendant No. 4) SMT NIRMALA RAO -2- 5 - Jyoti Bai D/o Late Suritram Banjare Aged About 41 Years R/o Magarpara, Marimayi Mandir Road, Bilaspur, Chhattisgarh. (Defendant No. 5) 6 - Sati Bai D/o Late Suritram Banjare Aged About 43 Years R/o Magarpara, Marimayi Mandir Road, Bilaspur, Chhattisgarh. (Defendant No. 6) 7 - Shashikala D/o Late Suritram Banjare Aged About 38 Years R/o Magarpara, Marimayi Mandir Road, Bilaspur, Chhattisgarh. (Defendant No. 7) 8 - Kiran D/o Late Suritram Banjare Aged About 30 Years R/o Magarpara, Marimayi Mandir Road, Bilaspur, Chhattisgarh. (Defendant No. 8) 9 - Anjayana Construction Through It Partner Shri Shiva Naidu, S/o Late Ashok Naidu, Aged 36 Years, R/o Alka Avenue, Uslapur, District Bilaspur, Chhattisgarh. (Defendant No. 9) 10 - Rishabh Associates Bilaspur, Through Its Partner Shri Devidas Vadhwani, S/o Late Hundrajmal Vadehwani Aged About 62 Years, R/o Near Chhabra Marbels, Jagmal Chowk, Bilaspur, District Bilaspur, Chhattisgarh. (Defendant No. 10) 11 - Bharti Dinde W/o Chandraprakash Dinde Aged About 28 Years Magarpara, Marimayi Mandir Road, Bilaspur, District Bilaspur, Chhattisgarh. (Plaintiff No. 2) 12 - Ajay Banjare S/o Late Suresh Banjare Aged About 41 Years R/o Magarpara, Marimayi Mandir Road, Bilaspur, District Bilaspur, Chhattisgarh. (Plaintiff No. 6) 13 - Sanjay Banjare S/o Late Suresh Banjare Aged About 37 Years R/o Magarpara, Marimayi Mandir Road, Bilaspur, District Bilaspur, Chhattisgarh. (Plaintiff No. 7) 14 - Vikas Banjare S/o Late Suresh Banjare Aged About 26 Years R/o Magarpara, Marimayi Mandir Road, Bilaspur, District Bilaspur, Chhattisgarh. (Plaintiff No. 8) 15 - Smt. Anisha Banjare D/o Late Suresh Banjare Aged About 23 Years R/o Magarpara, Marimayi Mandir Road, Bilaspur, District Bilaspur, Chhattisgarh. (Plaintiff No. 9) 16 - State Of Chhattisgarh Through Collector Bilaspur, District Bilaspur, 3 Chhattisgarh. (Defendant No. 11) ---- Respondents For Petitioners : None. For State : Shri Dashrath Prajapati, P.L. For Respondent No.10 : Shri Sourabh Agrawal, Advocate holding the brief of Shri Ratnesh Kumar Agrawal, Advocate. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 22.04.2025 1. The petitioners have filed this petition seeking the following reliefs: “10.1 It is therefore prayed that, this Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of the petitioners. 10.2 That, this Hon'ble Court may kindly be pleased to issue a writ in nature of certiorari whereby to quash the impugned order dated 25.09.2020 passed by the leaned Sixth Additional District Judge Bilaspur in Civil Suit No. 18A/2020 and further be pleased to give permission to the Petitioners for filing fresh suit. 10.3 That, this Hon'ble Court may kindly be pleased to issue a writ/Order to the leaned Sixth Additional District Judge Bilaspur whereby directing to return the original documents filed along with the plaint by the Plaintiffs/Petitioners. 10.4 Any other relief/reliefs, which this Hon'ble Court may think fit and proper in the facts and circumstances of the case, with cost of the petition, may also please be granted to the petitioners.” -4- 2. It appears that the application moved by the petitioner under Order 23 Rule 1 of CPC was rejected by the learned trial Court. 3. As there is no interim order and no representation on behalf of the petitioner, this Court is left with no other option but to dismiss the petition for want of prosecution. 4. Accordingly, this petition is dismissed for want of prosecution. Sd/- (Rakesh Mohan Pandey) Judge Nimmi