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2025 DAILYLAW 35615 (CHH)

RAMENDRA NATH SARKHEL (SINCE DEAD) Through His Legal Heirs v. RAFIQ AHMAD KHAN (SINCE DEAD) Through His Legal Heirs

WP227/624/2021 · 2025-06-24

Shri Rakesh Mohan Pandey

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Judgment text

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1 2025:CGHC:27657 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 624 of 2021 1 - Ramendra Nath Sarkhel (Since Dead) Through His Legal Heirs 1.1 - Udayan Sarkhel S/o Late Shri R. N. Sarkhel Aged About 51 Years R/o House No. 5, Akbar Khan Ki Chaal, Juni Line, Bilaspur, Tehsil And District Bilaspur Chhattisgarh. 1.2 - Diganto Sarkhel S/o Late Shri R. N. Sarkhel Aged About 49 Years R/o House No. 5, Akbar Khan Ki Chaal, Juni Line, Bilaspur, Tehsil And District Bilaspur Chhattisgarh. ... Petitioners Versus 1 - Rafiq Ahmad Khan (Since Dead) Through His Legal Heirs 1.1 - Smt. Suraiya Begum W/o Late Shri Rafiq Ahmed Khan Aged About 75 Years R/o Flat No. 113, Utkarsh Nirman, Mangalwari Bazar, Sadar, Nagpur, Maharashtra. 1.2 - Juber Ahmed Khan S/o Late Shri Rafiq Ahmed Khan Aged About 61 Years R/o Flat No. 113, Utkarsh Nirman, Mangalwari Bazar, Sadar, Nagpur, Maharashtra. 1.3 - Sameer Ahmed Khan S/o Late Shri Rafiq Ahmed Khan Aged About 48 Years R/o Flat No. 113, Utkarsh Nirman, Mangalwari Bazar, Sadar, Nagpur, Maharashtra. ... Respondents For Petitioners : Mr. Yashkaran Singh, Advocate holding the brief of Mr. Amrito Das, Advocate For Respondents : Mr. Faiz Kazi, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 25/06/2025 1. Learned counsel for the petitioners would submit that the petitioner/judgment debtor has preferred an appeal according to the Digitally signed by RAMESH KUMAR VATTI Date: 2025.06.26 12:07:21 +0530 2 provisions of Section 96 of CPC alongwith an application for grant of stay which is pending consideration before the First Additional District Judge, Bilaspur since 09.09.2021. He would contend that a direction may issued to the concerned Court to decide the pending appeal expeditiously. 2. On the other hand, learned counsel for the respondents would oppose. 3. Heard learned counsel for the parties. 4. Taking into consideration the limited prayer made by learned counsel for the petitioners, this petition, at this juncture, is disposed of with a direction to the concerned Court to decide the pending appeal of the petitioners expeditiously preferably within a period of 90 days from the date of receipt of copy of this order. 5. As interim order is operating in favour of the petitioner, same shall remain in force for said period. Sd/- (Rakesh Mohan Pandey) Judge vatti