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2025 DAILYLAW 45475 (CHH)

SMT. TIJIYABAI (SINCE DEAD) THROUGH LEGAL HEIRS v. SHAUKAT ALI

WP227/1191/2024 · 2025-01-03

Shri Rakesh Mohan Pandey

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Judgment text

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1 2025:CGHC:296 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 1191 of 2024 1. Smt. Tijiyabai (Since Dead) Through Legal Heirs (Nil) 1.1 - (A) Khelandas S/o Nandlal Aged About 63 Years R/o Jarhabhatha, Bilaspur, District Bilaspur, Chhattisgarh. 1.2 - (B) Hemudas S/o Nandlal Aged About 62 Years R/o Jarhabhatha, Bilaspur, District Bilaspur, Chhattisgarh. 1.3 - (C) Basant S/o Nandlal Aged About 38 Years R/o Jarhabhatha, Bilaspur, District Bilaspur, Chhattisgarh. 1.4 - (D) Smt. Mantora Bai (Since Dead) R/o Jarhabhatha, Bilaspur, District Bilaspur, Chhattisgarh. 2. Galla Seth (Since Dead) (Nil) 3. Sanjay Kumar Banjare S/o Basant Satnami Aged About 21 Years R/o Village- Tulsi, Tahsil And District Raipur, Chhattisgarh. 4. Ujjain Prasad Bande S/o Tijau Satnami Aged About 32 Years R/o Village- Saket, Tahsil- Mungeli, District Bilaspur, Chhattisgarh. 5. Laxminarayan Tandan S/o Nemprasad Aged About 16 Years Minor Through His Natural Guardian Mother Tulsi Devi Satnami, R/o Jarhabhatha, Manjhwapara, Bilaspur, District Bilaspur, Chhattisgarh. ... Petitioner(s) versus 1. Shaukat Ali S/o Saiyad Azmat Ali Aged About 45 Years R/o Masanganj, Bilaspur, District Bilaspur, Chhattisgarh. 2. Smt. Anzum Zarin D/o Saiyad Shaukat Ali Aged About 40 Years R/o Masanganj, Bilaspur, District : Bilaspur, Chhattisgarh 3. M.A. Kadir Aged About 60 Years R/o Madar Teresa Ward No. 10, Talapara Road, Bilaspur, District : Bilaspur, Chhattisgarh 4. Khalid Kadir S/o M.A. Kadir Aged About 30 Years R/o Madar Teresa Ward 2 No. 10, Talapara Road, Bilaspur, District : Bilaspur, Chhattisgarh 5. Kamod Aged About 35 Years Contractor, R/o Tifra Basti, Tahsil And District- Bilaspur, Chhattisgarh. 6. Nadeem Pasha S/o Shekh Ahmed Pasha Aged About 42 Years R/o Madar Teresa Ward No. 10, Talapara Road, Bilaspur, District : Bilaspur, Chhattisgarh 7. State Of Chhattisgarh Through Collector, District Bilaspur, Chhattisgarh. ... Respondent(s) (Cause Title is taken from Case Information System) For Petitioner : Mr. Anukul Biswas, Advocate For State : Mr. Shubham Bajpayee, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 03 .01.2025 1. By way of this petition, the petitioner has sought the following relief(s):- “10.1 That, this Hon'ble Court may kindly be pleased to call for the entire of the Trial Court pertaining to the petitioners for kind perusal of this Hon'ble Court. 10.2 That, this Hon'ble Court may kindly be pleased to direct the the learned Trial Court i.e. learned Civil Judge Class-I, Bilaspur, District Bilaspur (C.G.) to expedite the trial and dispose of the Civil Suit No.91- A/2003 within stipulated time, which is pending since 28.04.2003 i.e. 21 years and 7 months. 10.3 That, this Hon'ble Court may kindly be pleased to grant any other relief/relief's in favour of the petitioners, which the Hon'ble Court deem fit & just in the facts and circumstances of the case.” 2. Learned counsel for the petitioner submitted that the Civil Suit filed by the petitioners/plaintiffs is pending consideration before the First Civil Court, Class I, Bilaspur, since 28.04.2003. Thus, he would pray for a direction to the concerned Court to decide the pending Civil Suit expeditiously 3. On the other hand, learned counsel appearing for the State would oppose. 3 4. Taking into consideration the limited prayer made by Mr. Biswas, the present petition is disposed of with a direction to the First Civil Court, Class – I, Bilaspur to decide the pending Civil Suit No. 91-A/2003, preferably within a period of six months from the date of receipt of copy of this order. 5. With the aforesaid observation(s), the instant petition is hereby disposed of.Sd Sd/- (Rakesh Mohan Pandey) Judge $iddhant