1 2025:CGHC:51217 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 574 of 2019 M/s Derolion Solvent Product Ltd. A Company Incorporated Under The Companies Act, 1955 Having Its Registered Office At Village Pendari, Tahsil Takhatpur, District Bilaspur Chhattisgarh Through Its Director, Satyanarayan Sharma S/o Shri B. R. Sharma, Aged About 57 Years R/o Old Sarkanda Bilaspur Chhattisgarh...... (Judgment Debtor). ... Petitioner versus 1 - M/s Mahajan Brothers A Partnership Firm Registered Under The Indian Partnership Act, 1932, Through Its Partners Shri Madhav Rao S/o Govind Rao Mahajan, Aged About 73 Years Having Its Plase Of Business At Anuj Bazar, Itwari Nagpur M. H. .......(Decree Holder). 2 - Union Bank Of India Branch Bilaspur Chhattisgarh Through Its Manager, Near Gandhi Chowk Bilaspur Chhattisgarh......(Objector). 3 - Shri Arvind Gulahare S/o Shri Gurudayal Gulahare Aged About 63 Years R/o Gowdpara Bilaspur Chhattisgarh ........( Auction Purchaser). ... Respondents For Petitioner : None For Res. No. 3 : Ms. Anu Mishra, Advocate holding brief of Mr. Malay Shrivastava, Advocate Hon'ble Shri Justice Sachin Singh Rajput Order On Board 14/10/2025 1. The present writ petition has been filed by the petitioner with the following prayer: 2 “10.1. This Hon’ble Court may kindly be pleased to call for the entire records of the Execution Case TD No. 01/1996 pending before 7th Upper District Judge, Bilaspur (Shri Sidharth Agrawal), for its kind perusal. 10.2 That, this Hon’ble Court may kindly be pleased to quash and set aside the impugned order dated 17.05.2019(Annexure -P/1) passed by the learned 7th Upper District Judge, Bilaspur (C.G.) in Execution Case TDNo. 01/1996 as well as the impugned warrant report dated 09.05.2019 (Annexure-P/5) and declare the same to be illegal and nonest. 10.3 That, this Hon’ble court may kindly be pleased to direct the Ld. Additional District Judge for restoration of possession in favour of the petitioner and after hearing both the parties order for safe removal of the superstructure by the respondent auction purchaser. 10.4 That, the Hon’ble Court may be pleased to grant any other relief which the Hon’ble court deems fit and proper in the facts and circumstances of the present case. 10.5 That, the Hon’ble court in the facts and circumstances of the present case may further be pleased to grant cost of the petition to the petitioner.” 2. This matter was called twice in the first half and was directed to be called in the second half and when the matter is called in the second half, none appeared on behalf of the petitioner nor any representation is made. 3. From perusal of the writ petition indicates that the petitioner has claimed to set aside the order dated 17.05.2019 (Annexure -P/1) passed by the learned 7th Upper District Judge, Bilaspur (C.G.) in 3 Execution Case No. TD No. 01/1996 as well as the impugned warrant report dated 09.05.2019 (Annexure-P/5). This Court on 13.09.2022, directed the parties to asertain the present status of the proceeding pending before the trial Court. Thereafter, a communication dated 267.05.2024 is received from the 4th Additional District Judge, Bilaspur indicating therein that the Execution Case No. TD No. 01/1996 (M/s Mahajan Brothers Vs. Derolion solvent Product Ltd. & Anr.) was dismissed for want of prosecution on 20.02.2023. 4. Ms. Mishra, learned counsel appearing for respondent No. 3 submits that the file of this case has been withdrawn. 5. As no representation is made on behalf of the petitioner and as per communication so received, the execution case itself is dismissed for want of prosecution, therefore, this Court has left no other option but to dismiss this petition for want of prosecution. 6. Accordingly, the instant petition is dismissed for want of prosecution. 7. All pending applications are disposed of. Sd/- (Sachin Singh Rajput ) Judge Ami AMITA DUBEY Digitally signed by AMITA DUBEY Date: 2025.10.15 18:31:40 +0530