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2025 DAILYLAW 3549 (CHH)

SMT. KANTI BAI v. THE TAHSILDAR

WP227/63/2025 · 2025-01-21

Shri Rakesh Mohan Pandey

body2025

Judgment text

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1 2025:CGHC:3532 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 63 of 2025 • Smt. Kanti Bai W/o Babulal Aged About 56 Years Caste- Panika, R/o Village- Nawagarh, Post Office- Chhote Gumda, Tahsil- Gharghoda, District Raigarh, Chhattisgarh. (Plaintiff) ... Petitioner(s) versus 1. The Tahsildar Gharghoda, District : Raigarh, Chhattisgarh 2. The Chief Municipal Officer Nagar Panchayat, Gharghoda, District : Raigarh, Chhattisgarh 3. State Of Chhattisgarh Through The Collector, District : Raigarh, Chhattisgarh ... Respondent(s) (Cause Title is taken from Case Information System) For Petitioner : Mr. Ajeet Kumar Yadav, Advocate For State : Mr. Dashrath Prajapati, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 21. 01.2025 1. By way of this petition, the petitioner has sought the following relief(s):- “10.1 That this Hon'ble Court may kindly be pleased to call the record of the case for perusal of this Hon'ble Court. 10.2 That this Hon'ble Court may kindly be pleased to direct the learned Civil Judge Senior Cadre, Gharghoda, District-Raigarh (C.G.) to decide the application under Order 39 Rule 1 & 2 read with Section 151 of CPC filed by the petitioner/plaintiff for 2 grant of temporary injunction, within stipulated time, in accordance with law. 10.3 That this Hon'ble Court may kindly be pleased to restrain the respondents no. 1 to 3 from dispossessing the petitioner from subject property, till the disposal of the application U/o 39 Rule 1 & 2 read with section 151 of CPC by the trial Court. 10.4 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given.” 2. Learned counsel appearing for the petitioner would submit that the limited grievance of the petitioner is that the Civil Suit No. 11A/2024 filed by the plaintiff/petitioner before the learned Civil Judge Senior Division, Gharghoda, District Raigarh (C.G.) for declaration of title and permanent injunction of the suit land is pending consideration since 23.02.2024. Thus, he would pray that a direction may be issued to the concerned Court to conclude the proceeding of Civil Suit No. 11A/2024 within a stipulated time. 3. Learned counsel for State submits that in view of limited prayer made by counsel for petitioner, he is having no objection. 4. Taking into consideration the submission made by Mr. Yadav, this petition is disposed of with a direction to the concerned Court i.e. Civil Judge Senior Division, Gharghoda, District Raigarh (C.G.) to make all endeavours to conclude the proceedings of pending Civil Suit No. 11A/2024 expeditiously. 5. With the aforesaid observation(s), the instant petition is hereby disposed of.Sd Sd/- (Rakesh Mohan Pandey) Judge $iddhant