1 2025:CGHC:14541 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 698 of 2022 1 - Kalindri Bai W/o Girdharilal Mishra, Aged About 60 Years Caste Brahman, Village Kunwa, Tehsil - Takhatpur, District : Bilaspur, Chhattisgarh. ... Petitioner Versus 1 - Bhupendra Sharma S/o Aatmaram Sharma, Caste Brahaman Aged About 42 Years R/o Pendri, Tehsil Takhatpur, District : Bilaspur, Chhattisgarh 2 - Rukhmin Bai W/o Mohanlal Tiwari, D/o Ved Prakash, Caste Brahman, Village - Ghutarkudi, Tehsil Pandariya, District : Kawardha (Kabirdham), Chhattisgarh 3 - State Of Chhattisgarh Through Collector Bilaspur Chhattisgarh. ---- Respondents For Petitioner : Shri Shobhit Koshta, Advocate holding the brief of Shri Vinod Kumar Pandey, Advocate. For Respondents/ State : Shri Pramod Shrivastava, Dy.G.A. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 26.03.2025 1. Heard on admission. 2. The petitioner has filed this petition seeking the following reliefs: SMT NIRMALA RAO -2- “10.1 It is, respectfully prayed to the Hon'ble Court that the suitable writ / directions may kindly be issued for setting aside the order dated 13.09.2022 (ANNEXURE P-1). 10.2 It is, therefore, prayed before this Hon'ble Court that till the decision of the instant petition, the proceedings of Civil Suit No.27A/2018 pending before the court of Civil Judge, Class-II, Takhatpur may kindly be stayed, in the interest of justice. 10.3 Any other further order(s) as deemed fit and necessary by this Hon'ble Court in the interest of justice.” 3. Learned counsel for the petitioner would submit that the issue with regard to res judicata has not been considered by the learned trial Court and the application moved in this regard was rejected vide order dated 13.9.2022. He would submit that the petitioner may be permitted to raise all the grounds available to her with regard to res judicata before the Court below. 4. Heard counsel appearing for the parties and perused the documents present on record. 5. Taking into consideration the limited prayer made by counsel for the petitioner, the petition is disposed of, granting liberty to the petitioner to raise all the grounds, including the issue of res judicata, before the Court below. 3 6. With the aforesaid observation(s), the petition is disposed of at the admission stage itself. Sd/- (Rakesh Mohan Pandey) Judge Nimmi