Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:52724
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 114 of 2020 Mahesh Kumar S/o Late Nilambar Ijardar Aged About 50 Years R/o Village Sariya, Tahsil Baramkela, District - Raigarh Chhattisgarh.
... Petitioner versus 1 - Dashrath S/o Netram Jayaswal Aged About 50 Years R/o Village Jhanakpur, Tahsil Dabhara, District Janjgir - Champa Chhattisgarh. 2 - Amrit S/o Netram Jayaswal Aged About 41 Years R/o Village Jhanakpur, Tahsil Dabhara, District - Janjgir - Champa Chhattisgarh. 3 - Kamal S/o Netram Jayaswal Aged About 40 Years R/o Village Jhanakpur, Tahsil Dabhara, District Janjgir - Champa Chhattisgarh. 4 - Netram S/o Budga Jayaswal Aged About 65 Years R/o Village Jhanakpur, Tahsil Dabhara, District - Janjgir - Champa Chhattisgarh. 5 - Shanti W/o Brajbandhu Patel, Aged About 51 Years R/o Amurra, Tahsil Baranmkela, District - Raigarh Chhattisgarh. 6 - Hemlal Dansena S/o Late Nilambar Dansena Aged About 55 Years R/o Village Sariya, Tahsil Baramkela, District - Raigarh Chhattisgarh. 7 - Sundarlal Dansena S/o Late Nilambar Dansena, Aged About 53 Years R/o Village Sariya, Tahsil Baramkela, District Raigarh Chhattisgarh. 8 - Ramesh Kumar Dansena S/o Late Nilambar Dansena Aged About 55 Years R/o Village Sariya, Tahsil Baramkela, District - Raigarh
2 Chhattisgarh. 9 - State Of Chhattisgarh Through The Collector, Raigarh, Taluka Raigarh, District - Raigarh Chhattisgarh.
... Respondents For Petitioner : Mr. Shikhar Agnihotri, Advocate holding brief of Mr. Awadh Tripathi, Advocate For Res./State : Mr. Abhishek K. Singh, Panel Lawyer
Hon'ble Shri Justice Sachin Singh Rajput
Order On Board 29/10/2025
1. The present writ petition has been filed by the petitioner with the following prayer:
“I. That, this Hoh’ble Court may kindly be pleased to set aside the order dated 24.12.2019(Annexure P/1) passed by the Additional District Judge, Sarangarh in Misc. Civil Appeal No. 4/2019 and order dated 23.10.2019 (Annexure P/2) passed by the Civil Judge Class-II, Sarangarh, in Civil Suit No. 17A/2019. II. That, any other relief which this Hon’ble Court deems fit and proper may also kindly be granted to the petitioner in the interest of justice along with costs of the petition”
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Learned counsel for the petitioner submits that challenge in this writ petition is to the order dated 24.12.2019, passed in Miscellaneous Civil Appeal No. 04/2019 by which the appeal of the petitioner filed under Order 43 Rule 1(d) of the CPC was rejected affirming the order passed by the Additional Judge of First Civil Judge Class-II, Sarangarh District-Raigarh dated 23.10.2019 in Civil Suit No. 17A/2019 was affirmed. He further submits that as original Civil Suit No. 17A/2019 (Mahesh Kumar Vs. Dashrath and Others) has already been disposed of, therefore, the instant writ petition has become infructuous.
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3. In view of the above, the instant writ petition is dismissed as having become infructuous. Sd/-
(Sachin Singh Rajput )
Judge Ami
AMITA DUBEY Digitally signed by AMITA DUBEY Date: 2025.11.01 15:47:04 +0530