1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 73 of 2022 1 - Anand Dubey S/o Shri S.P. Dubey Aged About 45 Years Address - L/354 Mitr Mandal Sosayti E/17 Arera Colony, Bhopal, District Bhopal (Madhya Pradesh), District : Bhopal, Madhya Pradesh 2 - (Deleted) Laxmi Dubey (Died Throgh Lrs) As Per Honble Court Order Dated 23-07-2025 2.1 - Arvind Dubey S/o Shankar Prasad Dubey Aged About 48 Years Address Type 4b - 92, Hal Township Ozar Mig Tal Ojhad, District - Nashik Maharashtra Retionalship With Deceased - Son 3 - Chandrashekhar Mishra S/o Rameshwar Dayal Mishra Aged About 62 Years Address- Gargi Anand Vihar, Behind Collector Colony, Kawardha, District - Kabirdham, District Kawardha (Chhattisgarh), District : Kawardha (Kabirdham), Chhattisgarh 4 - Mahendra Mishra S/o Rameshwar Dayal Mishra Aged About 78 Years Address- Utkarsh Medical Stores, Bodla, District Kabirdham (Chhattisgarh), District : Kawardha (Kabirdham), Chhattisgarh 5 - Manikant Mishra S/o Rameshwar Dayal Mishra Aged About 74 Years Address- Ramnagar Ward No. - 01, Behind Gayatri Vihar Mandir, Kawardha, District Kabirdham (Chhattisgarh), District : Kawardha (Kabirdham), Chhattisgarh 6 - Pramod Mishra S/o Rameshwar Dayal Mishra Aged About 58 Years Address- Utkarsh Medical Stores, Bodla, District Kabirdham (Chhattisgarh), District : Kawardha (Kabirdham), Chhattisgarh 7 - Sharita Mishra D/o Rameshwar Dayal Mishra Aged About 64 Years Address- 36/167 Near Lakhe School, Gandhi Chowk Chhotapara, Raipur, Tahsil / District Raipur (Chhattisgarh), District : Raipur, Chhattisgarh ... Petitioner(s) versus 1 - Ramesh Kumar Trivdei S/o Bhagwati Datt Trivedi Aged About 39 Years -2- Address - Pahnda, Tahsil / District - Balodabazar, District - Balodabazar (Chhattisgarh), District : Balodabazar-Bhathapara, Chhattisgarh 2 - Rajesh Trivedi S/o Ramlal Trivedi Aged About 57 Years Address - A/14, Anand Vihar Colony, Anand Nagar, Raipur, District - Raipur (Chhattisgarh), District : Raipur, Chhattisgarh 3 - Rakesh Trivedi S/o Ramlal Trivedi Aged About 55 Years Address - Borshi Road Minachi Nagar, Near Chhattisgarh Steel, Durg, District - Durg (Chhattisgarh), District : Durg, Chhattisgarh 4 - Shailesh Nitin Trivedi S/o Girja Shankar Trivedi Aged About 57 Years Address - Pahnda, Balodabazar, Tahsil / District - Balodabazar (Chhattisgarh), District : Balodabazar-Bhathapara, Chhattisgarh 5 - Praveen Trivedi S/o Ramesh Kumar Trivedi Aged About 42 Years Address - Gandhi Chowk, Balodabazar, District Balodabazar (Chhattisgarh), District : Balodabazar-Bhathapara, Chhattisgarh 6 - Harishankar Mishra S/o Rameshwar Dayal Mishra Aged About 72 Years Address - 17/a Kota Colony Behind Sai Mandir Raipur, District - Raipur (Chhattisgarh), District : Raipur, Chhattisgarh 7 - Local Public, Balodabazar District - Balodabazar (Chhattisgarh), District : Balodabazar-Bhathapara, Chhattisgarh 8 - Dinesh Tiwari S/o Umashankar Tiwari Address - Pithaura, District Mahasamund, District - Mahasamund (Chhattisgarh), District : Mahasamund, Chhattisgarh ---- Respondent(s) For Petitioners : Mr. Aishwarya Diwan, Advocate, holding the brief of Ms. Poorva Tiwari, Advocate For Respondent No.1 : Mr. Vineet Kumar Pandey, Advocate For Respondents No.2 &3: Ms. Nupur Trivedi, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 25.08.2025 1. The petitioners have filed this petition against the order passed by the learned Second Additional District Judge, Balodabazar (C.G.), in Miscellaneous Civil Appeal No.7/2021 dated 22.12.2021, whereby an 3 application moved by the petitioner for stay of the effect and operation of the order passed by the learned Civil Court in Succession Case No. 4/15 dated 04.02.2020 has been rejected. 2. Learned counsel appearing for the petitioners would submit that the application for stay of the effect and operation of the order passed by the learned Civil Court in Succession Case No.4/15 dated 04.02.2020 has been rejected on the ground that the petitioners failed to mention the proper provisions of law in the said application. He would further submit that the reason assigned by the learned Appellate Court appears to be erroneous. 3. On the other hand, learned counsels appearing for the respondents would oppose the submissions made by learned counsel for the petitioners. They would submit that the application for the grant of stay of the effect and operation of the order dated 04.02.2020 was moved by the petitioners before the learned Court below, but the provision of law was not mentioned; therefore, it has been rejected. They would contend that the petition deserves to be dismissed. 4. I have heard the learned counsel appearing for the petitioners and perused the documents placed on the record. 5. This Court vide order dated 27.01.2022 stayed the effect and operation of the order dated 22.12.2021 passed in Misc. Civil Appeal No.7/2021 and further restrained the parties from withdrawing the amount involved as per the Succession Certificate. The stay is still operating in favour of the petitioners. -4- 6. Learned Court below rejected the application moved by the petitioners only on the ground that the correct provision of law was not mentioned in the application for the grant of stay. 7. The Hon’ble Supreme Court in the matter of Pruthvirajsinh Nodhubha Jadeja (D) by Lrs Vs. JayeshKumar Chhakaddas Shah & others reported in 2019 (9) SCC 533 in para 8 held as under:- “8.It is well-settled law that mere non-mentioning of an incorrect provision is not fatal to the application if the power to pass such an order is available with the court.” 8. Taking into consideration the facts discussed-above and the law laid down by the Hon’ble Supreme Court, the order passed by the learned Second Additional District Judge, Balodabazar, dated 22.12.2021 passed in Misc. Civil Appeal No.7/2021, is hereby set aside. 9. The interim order granted on 27.01.2022 shall remain in force till the disposal of the appeal pending before the Court below. The learned Appellate Court is directed to conclude the proceedings of the pending appeal expeditiously, preferably within a period of 60 days. 10.In view of the above, the present petition is allowed. SD/- (Rakesh Mohan Pandey) Judge Rekha