1 2025:CGHC:46504 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 904 of 2025 1 - Devmati Patel Wd/o Late Moharsay Aged About 55 Years R/o Village Jamchhapar, Tahsil, Baramkela, Distt- Raigarh (C.G.) 2 - Sumati Patel W/o Raju Patel Aged About 30 Years R/o Semikot, Tahsil Baramkela, District- Raigarh (C.G.) 3 - Kamla Patel D/o Sudharshan Patel Aged About 28 Years R/o Village Beharamal Tahsil Baramkela, Distt- Raigarh, (C.G.) 4 - Suman Patel D/o Late Moharsay Aged About 25 Years Village- Jamachhapar, Tahsil Bramkela District- Raigarh (C.G.) 5 - Tulsi Patel D/o Late Moharsay Aged About 20 Years Village- Jamachhapar, Tahsil Bramkela District- Raigarh (C.G.) 6 - Malti Patel D/o Late Moharsay Aged About 19 Years Village- Jamachhapar, Tahsil Bramkela District- Raigarh (C.G.) 7 - Vimla Patel D/o Late Moharsay Aged About 18 Years Village- Jamachhapar, Tahsil Bramkela District- Raigarh (C.G.) ... Petitioner(s) versus 1 - Gajanand (Dead) Through Lrs. Nil 2 - Rambai W/o Late Gajanand Aged About 72 Years Jamchhapar Tahsil Baramkela District- Raigarh (C.G.) 3 - Narayan Patel S/o Late Gajanand Aged About 47 Years Jamchhapar Tahsil Baramkela District- Raigarh (C.G.) 4 - Paramanand (Dead) S/o Mukund Nil 5 - Budkuwanr W/o Paramanand (Dead) Nil 6 - Shobharam S/o Paramananad (Dead) Nil 7 - Madan S/o Shebharam Aged About 58 Years Padkidipa Tahsil Baramkela, District- Raigarh (C.G.) 8 - Sampat S/o Shobharam Aged About 52 Years Pardhiyapali Tahsil Baramkela, District- Raigarh (C.G.) SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2025.09.12 12:46:19 +0530 2 9 - Chaitmati W/o Bodhram Aged About 50 Years Manjurpali Tahsil- Baramkela, District- Raigarh (C.G.) 10 - Puniram S/o Shobharam Aged About 45 Years Pardhiyapali Tahsil, Baramkela, Distt- Raigarh (C.G.) 11 - Tilakram S/o Paramanand Aged About 45 Years Jamchhapar Tahsil Baramkela District- Raigarh (C.G.) 12 - Munudai W/o Thandaram Aged About 50 Years Tahsil- Baramkela, District- Raigarh (C.G.) 13 - Dharamsingh D/o Thandaram Aged About 30 Years Tahsil, Baramkel District- Raigarh (C.G.) 14 - Laxmimati D/o Thandaram Aged About 27 Years Karpi Tahsil Baramkela, District- Raigarh (C.G.) 15 - Dewanand D/o Mukund Aghariya Aged About 71 Years Kermeli, Tahsil Baramkela, District- Raigarh (C.G.) 16 - Nilmani (Dead) S/o Kumarsingh Jamchhapar Tahsil Baramkela District- Raigarh (C.G.) 17 - Sityabai (Dead) W/o Nilmani Jamchhapar Tahsil Baramkela, District- Raigarh (C.G.) 18 - Nirakar S/o Nilmani Aged About 40 Years Jamchhapar Tahsil Baramkela, District- Raigarh (C.G.) 19 - Mu. Kantibai D/o Nilmani Aged About 42 Years Ameri Tahsil Baramkela, District- Raigarh (C.G.) 20 - Sulochana (Dead) D/o Jujharsingh Linjir Tahsil, Baramkela District- Raigarh (C.G.) 21 - Hridyram S/o Kamtanath Aged About 50 Years Linjir Tahsil Baramkela, District- Raigarh (C.G.) 22 - Balram D/o Kamtanath Aged About 40 Years Linjir, Tahsil- Baramkela, District- Raigarh (C.G.) 23 - Padumkuwanr D/o Kamtanath Aged About 45 Years Donsarbahara Tahsil Sarangarh (Baramkela) 24 - Mu. Chandan Kuwanr (Dead) Jujharsingh Linjir Tahsil Baramkela Distt- Raigarh (C.G.) 25 - Mus. Vrinda (Dead) D/o Bedo Mata Sanda Tahsil, Baramkela District- Raigarh (C.G.) 26 - Kishor D/o Shyamlal Aged About 45 Years Kandola Tahsil Baramkela, Distt- Raigarh C.G. 3 27 - Rashtrapati S/o Bedomata Aged About 45 Years Sanda Tahsil Baramkela Distt- Raigarh (C.G.) 28 - Kushto (Dead) S/o Gangaram Jamchhapar Tahsil- Baramkela District- Raigarh (C.G.) 29 - Koushilya W/o Kushto Aged About 65 Years Jamchhapar Tahsil, Baramkela, Distict- Raigarh (C.G.) 30 - Kumar S/o Kushto Aged About 41 Years Jamchhapar Tahsil, Baramkela, District- Raigarh (C.G.) 31 - Jageshwar S/o Gangaram Aghariya Aged About 47 Years Jamchhapar Tahsil, Baramkela, District- Raigarh (C.G.) 32 - Hemanand S/o Gangaram Aghariya Aged About 40 Years Jamchhapar Tahsil, Baramkela, District- Raigarh (C.G.) 33 - Santosh Urf Ghasiya S/o Bodhram Aghariya Aged About 45 Years Vishanupali Thana Aamabhouna District- Bargarh Odisha. 34 - Loknath S/o Bhim Aghariya Aged About 65 Years Vishanupali Thana Aamabhouna District- Bargarh Odisha. 35 - Uderam S/o Bhim Aghariya Aged About 60 Years Vishanupali, Thana Aamabhouna Distt. Bargarh Odisha. 36 - Gajadhar S/o Loknath Vill- Pikrijharan Tahsil- Ambabhauna Dist- Bargarh Odisha. 37 - Sumitra S/o Loknath Aged About 45 Years Vill- Sulsulia Village- Khaliyapali Tahsil Ambabhauna District- Bargarh Odisha. 38 - Dinbandhu S/o Udeyram Aged About 55 Years Vill- Pikrijharan Po. Komo Tah. Ambabhauna. Dist. Bargarh Odisha 39 - Premvati D/o Udeyram Aged About 75 Years Vill- Pikrijharan Po. Komo Tahsil Ambabhauna District- Bargarh Odisha. 40 - Fulo S/o Udeyram Aged About 50 Years Village- Painvara Tahsil Baramkela, District- Raigarh. 41 - Upasini S/o Udayram Aged About 45 Years Vill- Kokadi Near Vill- Pathsendri Baradoli Tah. Saraypali, Dist- Mahasamund C.G. 42 - The State Of C.G. Through, Collector District- Raigarh (C.G.) ... Respondent(s) For Petitioners : Mr. Ashok Kumar Shukla, Advocate For State/Respondent No. 42 : Mr. Sanjeev Kumar Agrawal, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 4 11. 09.2025 1. By way of this petition, the petitioners have sought the following relief(s):- “10.1. This Hon'ble Court may graciously be pleased to issue a writ/direction/order to the learned Executing Court for deciding the objection of the petitioners filed on 25.02.2021 within stipulated period by a speaking order in an objective manner in accordance with law. 10.2. That, the command/direction may kindly be issued to call for the entire records pertaining to the case of petitioners and to direct the learned executing court to first decide the maintainability of the execution case then to proceed further. 10.3. Any other relief, which is deemed fit and proper in view of the above facts and circumstances, may also be awarded to the including the cost of the petition.” 2. Learned counsel for the petitioners would submit that a suit was filed by Late Rukni Bai for declaration of title and recovery of possession. The suit was decreed vide judgment and decree dated 19.09.1994. He would further submit that first appeal preferred by the defendants was dismissed vide order dated 29.01.2005 and second appeal was dismissed as withdrawn vide order dated 23.08.2019. He would also submit that legal representatives of Gajanand were defendants/ judgment debtors and they have filed an application for execution before the learned Executing Court and same is being entertained by the said Court. He would contend that an objection was raised by the petitioners with regard to maintainability of the execution case on 25.02.2021, but till date it has not been considered and decided by the concerned Court. He would contend that a direction may be issued to the learned Executing Court to decide the objection raised by the petitioner before proceeding with the matter. 3. On the other hand, learned counsel appearing for the State would oppose. 4. Considering the fact that application for execution has been moved by the 5 judgment debtors whereas, decree was passed in favour of one Rukni Bai, who died issueless; therefore, it is directed that the learned trial Court shall decide the objection filed by the petitioners filed on 25.02.2021, strictly in accordance with the law, preferably within a period of 30 days, if already not decided. 5. It is made clear that the learned Executing Court shall proceed with the matter after taking decision on the objection filed by the petitioners. 6. With the aforesaid observation(s), and direction(s), the instant petition is hereby disposed of. Sd/- (Rakesh Mohan Pandey) Judge $iddhant