Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:46107
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 769 of 2025
1. Mohanlal Sahu S/o Late Aasharam Sahu, Aged About 53 Years R/o Gram Koshpatar (Baragaow), Tehsil Berla, District Bemetara (C.G.)
2. Sonal Kumar Sahu S/o Mohanlal Sahu, Aged About 25 Years R/o Gram Koshpatar (Baragaow) Tehsil Berla, District Bemetara (C.G.)
3. Rahul Sahu, S/o Mohanlal Sahu, Aged About 24 Years R/o Gram Koshpatar (Baragaow) Tehsil Brela, District Bemetara (C.G.)
... Petitioner(s) versus
1. Nishant Patel S/o Manilal Patel, Aged About 35 Years R/o H.No. 1227/03, United Timbers New Timbre Market, Trimurti Nagar Road, Raipur (C.G.)
2. Jignesh Patel, S/o Lakhamshi Patel, Aged About 38 Years R/o H.No. 1227/03, United Timbers New Timbre Market, Trimurti Nagar Road, Raipur (C.G.)
3. State Of Chhattisgarh Through District Judge Bemetara
... Respondent(s) For Petitioners : Mr. Nirmal Shukla, Senior Advocate along with Mr. Dinesh Kumar Bole, Advocate For State : Mr. Shubham Bajpai, P.L. Hon’ble Shri Justice Rakesh Mohan Pandey
Order On Board 10-09-2025 1) Petitioners have filed this petition assailing the order passed by the learned First District Judge, Bemetara, District – Bemetara (C.G.) in Case No. 04-A/2024 dated 30.06.2025. 2) Learned Senior counsel appearing on behalf of petitioners submits that Digitally signed by AJINKYA PANSARE Date: 2025.09.10 14:11:48 +0530
2 an order passed by Tehsildar dated 17.01.2025 was placed on record before the learned trial Court in support of application moved under
Order 7 Rule 11 of CPC and the said application was rejected by learned Trial Court vide its order dated 30.06.2025. He further submits that consequently, application moved under Order 8 Rule 1 of CPC was also rejected on the same date. He contends that the order passed by Tehsildar dated 17.01.2025 is relevant for just adjudication of the civil suit, therefore petitioners may be granted liberty to move a separate application under Order 8 Rule 1 of CPC before learned Trial Court. 3) On the other hand, learned State counsel opposes. 4) Heard. 5) It appears that earlier, an application under Order 8 Rule 1 of CPC was moved along with application under Order 7 Rule 11 of CPC which was rejected, therefore application under Order 8 Rule 1 of CPC was also rejected. 6) Accordingly, this petition is hereby being disposed reserving liberty in favor of petitioners to move a fresh application if they deem it appropriate that the said document/ order passed by Tehsildar is relevant for adjudication of the pending civil suit. 7) In view of the above, this petition stands disposed of.
Sd/- (Rakesh Mohan Pandey) JUDGE A j i n k y a