Extracted from the PDF above. The PDF is authoritative.
1
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 690 of 2025
1. Sushri Madhu Saraf D/o Late Bhagwat Prasad Saraf Aged About 53 Years R/o Nehru Chowk Sadar Road Baloda Bazar District- Baloda Bazar- Bhatapara, C.G.
2. Smt. Manju D/o Late Bhagwat Prasad Saraf, W/o Rajiv Koushal Aged About 60 Years R/o Nehru Chowk Sadar Road Baloda Bazar District- Baloda Bazar- Bhatapara, C.G. At Present Delhi 110001
3. Smt. Aarti D/o Late Bhagwat Prasad Saraf, W/o Sanjay Kumar Sundarlal Soni Aged About 54 Years R/o Nehru Chowk Sadar Road Baloda Bazar District- Baloda Bazar- Bhatapara, C.G. At Present M/g-1/997 Hudko Sector, Bhilai District Durg, C.G.
4. Smt. Anju D/o Late Bhagwat Prasad Saraf, W/o Rakesh Kumar Matabadal Aged About 56 Years R/o Nehru Chowk Sadar Road Baloda Bazar District- Baloda Bazar- Bhatapara, C.G. At Present Churi Line Gole Bazar Raipur, District - Raipur, C.G.
5. Smt. Mamta D/o Late Bhagwat Prasad Saraf, W/o Rajendra Gupta Aged About 58 Years R/o Nehru Chowk Sadar Road Baloda Bazar District- Baloda Bazar- Bhatapara, C.G. At Present Plot No. 7, Street No. 11, Behind Shakti Bhawan, Ashish Nagar West Risalui Bhilai, District- Durg, C.G.
6. Smt. Anuradha D/o Late Bhagwat Prasad Saraf, W/o Raviprakash Soni Aged About 62 Years R/o Nehru Chowk Sadar Road Baloda Bazar District- Baloda Bazar- Bhatapara, C.G. At Present 402/b Samridhi Nagar Apartment Amlidih Road Raipur District- Raipur, C.G.
... Petitioner(s) versus
1. Anand Saraf S/o Late Kunjilal Saraf Aged About 41 Years R/o Nehru Chowk Sadar Road Baloda Bazar District- Baloda Bazar- Bhatapara, C.G.
2. Nitesh Sharma S/o Dinesh Kumar Sharma Aged About 29 Years R/o Panchshil Nagar Baloda Bazar District- Baloda Bazar- Bhatapara, C.G.
3. State Of Chhattisgarh Through Collector, Baloda Bazar District- Baloda Bazar- Bhatapara, C.G. SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2025.07.24 14:14:04 +0530
2
4. Shiv Sharma S/o Mahesh Sharma Caste- Bramhan, R/o Krishna Vihar Colony Baloda Bazar District- Baloda Bazar- Bhatapara, C.G.
... Respondent(s) (Cause Title is taken from Case Information System) For Petitioners
: Mr. Sandeep K. Sharma, Advocate For State : Mr. Vedant Shadangi, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board
24. 07.2025
1. By way of this petition, the petitioners have sought the following relief(s):-
“10.1 The Hon'ble Court may kindly be pleased to direct the learned executing court to decide the Civil Execution case bearing no.
11 of 2024 pending before the learned Second Civil Judge Senior Class Baloda Bazar District Baloda Bazar - Bhatapara (CG) within stipulated period in light of the direction of Hon'ble Supreme Court in the matter of Periyammal (Died) through Lrs & Ors Vs. Rajamani & Another etc., Civil Appeal No. 3640-3642 of 2025 and in compliance of the circular dated 03.05.2025 issued by this Hon'ble High Court. 10.2 That, the Hon'ble Court may kindly be pleased to grant any other relief, as if may deem fit and appropriate. 10.3 Cost of the petition may also be given.”
2. Learned counsel for the petitioners/plaintiffs would submit that a decree was passed in favour of the petitioners on 30.07.2024 by the learned trial Court. He would further submit that an application for execution was moved before the learned Executing Court on 20.09.2024, but there is no substantial progress. He would pray that a direction may be issued to the learned Executing Court to conclude the proceedings at the earliest in light of the judgment passed by the Hon’ble Supreme Court in the matter of Rahul S. Shah vs. Jitendra Kumar Gandhi and others, 2021 (6) SCC 418 and Periyammal (Dead) Through Lrs. & Ors. vs. V. Rajamani & Anr. 3 Etc., 2025 LiveLaw (SC) 293. 3. Taking into consideration the limited prayer made by Mr. Sharma, the instant petition is disposed of with a direction to the learned Executing Court i.e. 2nd Civil Judge, Senior Division, Baloda Bazar, District Baloda Bazar-Bhatapara to make all endeavours to conclude execution proceedings expeditiously, in light of the judgment passed by the Hon’ble Supreme Court in the matter of Rahul S. Shah (supra) and Periyammal (Dead) (supra). 4. With the aforesaid observation(s), and direction(s), the instant petition is hereby disposed of. Sd/-
(Rakesh Mohan Pandey)
Judge $iddhant