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2025 DAILYLAW 42276 (CHH)

Vidyanand Dubey v. Premlata Upadhyay

WP227/870/2019 · 2025-05-06

Shri Rakesh Mohan Pandey

Transfer Petitionbody2025

Judgment text

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-1- 2025:CGHC:20878 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 870 of 2019 Vidyanand Dubey S/o Late Ramashanker Dubey Aged About 73 Years R/o Old Sarkanda Near Matachaura, Bilaspur, Tahsil And District Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh ... Petitioner versus 1 - Premlata Upadhyay W/o Shri Ashok Upadhyay Aged About 55 Years R/o Rajendra Nagar, Near Shara Tent House, Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh 2 - Luvkesh Tiwari S/o Late Laxmi Prasad Tiwari Aged About 50 Years R/o Ward No.13, Brahmanpara, Nagar Panchayat Sakri, Tahsil Takhatpur, District Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh 3 - Durgesh Nandini Sharma D/o Late Laxmi Prasad Tiwari Aged About 45 Years W/o Anil Sharma, R/o Shikshak Colony, Mangla, Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh 4 - Karuna Shukla D/o Late Laxmi Prasad Tiwari Aged About 44 Years W/o Narendra Shukla, R/o Village Karhi, District Mungeli, Chhattisgarh., District : Mungeli, Chhattisgarh 5 - Umesh Tiwari S/o Late Laxmi Prasad Tiwari Aged About 41 Years R/o Ward No.13, Brahmanpara, Nagar Panchayat Sakri, District Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh 6 - Prabhat Mishra Aged About 75 Years R/o 50/3, Beninandan Street, Bhawanipur, Near Police Hospital, Kolkata, West Bengal., District : Kolkata, West Bengal 7 - Shivanu Mishra S/o Prabhat Mishra Aged About 35 Years R/o 50/3, Beninandan Street, Bhawanipur, Near Police Hospital, Kolkata, West Bengal., District : Kolkata, West Digitally signed by NADIM MOHLE -2- Bengal 8 - Smt. Archana Sharma D/o Dr. Ajay Kumar Mishra Aged About 42 Years W/o Shri Rajeshdhar Sharma, R/o 59, Shri Niketan Apartment, Vasundhra Enclave, Maharan Agrasen College, Delhi 96. 9 - Smt. Anjali Tiwari D/o Dr. A.K. Mishra Aged About 41 Years W/o Shri Paresh Rao, R/o Hig 01, Sector 1 Near Harishankar College, Shankar Nagar, Raipur, Tahsil And District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 10 - Devanand Dubey S/o Late Ramashanker Dubey Aged About 60 Years Old Sarkanda, Near Matachaura, Bilaspur, Tahsil And District Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh 11 - Dayanand Dubey S/o Ramashanker Dubey Aged About 58 Years Old Sarkanda, Near Matachaura, Bilaspur, Tahsil And District Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh 12 - Rajiv Alias Dadu Kashyap S/o Late Ramlal Kashyap R/o Behind Smriti Sweets, Sarkanda, Office - B.D.A. Complex, Nutan Chowk, Sarkanda, Tahsil And District Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh ... Respondent(s) For Petitioner : None For Respondents No.1, 2, 3, 5, 6 & 7 : Mr. Sushil Dubey, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 07.05.2025 1) The petitioner has filed this petition seeking the following relief(s):- “10.I. That this Hon'ble court may kindly be pleased to quash the order dated 15/10/19 (Annexure P/1) passed by the learned 1 Additional District Judge Bilaspur (C.G.) in Miscellaneous Civil Appeal No.60/19 by which the learned court allowed the application of temporary injunction of the Respondent No.1 to 9/Plaintiff. II. Any other relief/relief's, which this Hon'ble Court -3- may think fit and proper in the facts and circumstances of the case, with cost of the petition, may also please be granted to the petitioner.” 2) Mr. Dubey would submit that the pending Civil Suit No.111-A/2019 (Premlata Upadhyay & ors. v. Vidyanand Dubey) has already been decided by the learned trial Court and thus, the present writ petition has become infructuous. 3) Recording the submission made by Mr. Dubey, this writ petition is dismissed being rendered infructuous. Sd/- (Rakesh Mohan Pandey) Judge Nadim