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2025 DAILYLAW 46683 (CHH)

C. UNNI KRISHNAN v. SMT. V. K. SHANTA KRISHNAN

MA/26/2025 · 2025-02-07

Shri Ravindra Kumar Agrawal

Public Interest Litigationbody2025

Judgment text

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1 2025:CGHC:6963-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MA No. 26 of 2025 C. Unni Krishnan S/o Late C. Chozhi Aged About 62 Years R/o Near Dr. Pramod Sharma's Clinic, Ward No. 4, Vikram Nagar, Bhanpuri, Raipur Tahsil And District- Raipur, Chhattisgarh. (Respondent No. 1 Before The Hon'ble High Court In Fa. 217/2018). ... Appellant(s) versus 1 - Smt. V. K. Shanta Krishnan W/o C. Unni. Krishnan Aged About 62 Years R/o Qtr No. 1b/27, Hospital Colony, Secl Korba, Tahsil And District- Korba, Chhattisgarh. (Respondent No. 2 Before The Hon'ble High Court In Fa. 217/2018 And Contemnor No. 1). 2 - Smt. Shivaprabha Pillai W/o Mr. Angeet S. Nair Aged About 33 Years R/o House No. 279, Near Veenu Petrol Pump, Birgaon, Tahsil- Dharsiwa, District- Raipur, Chhattisgarh (Contemnor No. 2). 3 - Sh. P. Pillai S/o Late Gopal Pillai Aged About 74 Years R/o Near Veenu Petrol Pump, Birgaon, Tahsil- Dharsiwa, District- Raipur, Chhattisgarh. (Appellant Before The Hon'ble High Court In Fa. 217/2018 And Contemnor No. 3) 4 - Mr. Angeet S. Nair S/o Not Known Aged About 38 Years R/o House No. 279, Near Veenu Petrol Pump, Birgaon, Tahsil- Dharsiwa, District- Raipur, Chhattisgarh (Contemnor No. 4). MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.02.07 18:12:28 +0530 2 5 - Mr. R.D. Shukla C/o Secretary Raipur Bar Association District Court, Raipur, Chhattisgarh. Mobile No. 8819968110. (Contemnor No. 5). 6 - Dr. Sarveshwar Narendra Bhure, (Ex- Collector, Raipur) Through Secretary, Department Of Revenue And Disaster Management, Secretariat / Mantralaya Nava Raipur, Chhattisgarh (Contemnor No. 6). 7 - Mr. Babu Lal Kurrey (Ex- Tahsildar- Dharsiwa, Raipur) Through Secretary, Department Of Revenue And Disaster Management, Secretariat/mantralaya Nava Raipur, Chhattisgarh. (Contemnor No. 7) 8 - Mr. Mahesh Kumar Sonwani (Patwari- Pc No. 88, Birgaon, Tahsil- Dharsiwa, District- Raipur) Through Collector Raipur, Tahsil And District- Raipur, Chhattisgarh. (Contemnor No. 8). ... Respondent(s) For Appellant(s) : Mr. Suryapratap Yuddhveer Singh, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Judgment on Board Per Ramesh Sinha , Chief Justice 07.02.2025 1. Heard Mr. Suryapratap Yaddhveer Singh, learned counsel for the appellant. 2. The appellant has filed this miscellaneous appeal against the order dated 05.08.2024 passed by the learned Single Judge in CONT No. 872/2024 (C. Unnikrishnan v. Smt. V.K. Shanta Krishnan and Others) whereby the learned Single Judge has dismissed the contempt petition filed by the petitioner / appellant herein. 3 3. We have heard learned counsel for the appellant and perused the impugned order and materials available on record. 4. From perusal of the records, it transpires that learned Single Judge has rightly rejected the Contempt Petition of the petitioner / appellant herein on the ground of non-maintainability, granting liberty to the petitioner / appellant herein to exhaust remedy available to him under Order 39, Rule-2A of the C.P.C. before appropriate forum. 5. Taking into account the overall facts and circumstances of the case, we are of the firm view that the learned Single Judge has passed the impugned order with cogent and justifiable reasons, as such, we are not inclined to interfere with the impugned order. 6. Accordingly, the present appeal is dismissed, leaving it open to the appellant to avail the remedy available to him as has been ordered by the learned Single Judge. No cost(s). Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Manpreet