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2025 DAILYLAW 54871 (CHH)

SMT. SHANTI VERMA v. STATE OF CHHATTISGARH

WP227/421/2025 · 2025-05-04

Shri Rakesh Mohan Pandey

body2025

Judgment text

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1 2025:CGHC:20402 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 421 of 2025 1. Smt. Shanti Verma W/o Girdhari Lal Verma Aged About 66 Years R/o Village Sant Mata Karma Ward Bhatapara Distt. Balodabazar Bhatapara (C.G.) 2. Radhiya Bai W/o Late Bharat Lal Verma Aged About 65 Years R/o Village Risda Tahsil And Distt. Baloda-Bazar Current Add. - Santmata Ward Bhatapara Distt. Baloda-Bazar-Bhatapara (C.G.)(Dead) ... Petitioner(s) versus 1. State Of Chhattisgarh Through Collector Distt. Balodabazar Bhatapara (C.G.) 2. Paras Verma S/o Lt Bharat Lal Verma Aged About 56 Years R/o Village Risda Tehsil- Balodabazar Distt. Balodabazar Bhatapara (C.G.) 3. Smt. Punna Verma W/o Shivdatt Verma Aged About 52 Years R/o Kosmanda Distt. Balodabazar Bhatapara (C.G.) 4. Beena Verma W/o Lt. Bharat Lal Verma Aged About 70 Years R/o Distt. Balodabazar Bhatapara (C.G.) ... Respondent(s) For Petitioners : Mr. Vijay Shankar Mishra, Advocate For State/ Respondent No. 1 : Mr. Prateek Tiwari, P.L. Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 05-05-2025 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 records of the case of the petitioner. 10.2 That, this Hon'ble Court may kindly be pleased to direct the executive court to dispose of the matter within stipulated time. 2 10.3 Any other relief may also be granted to the Petitioner which this Hon'ble Court deems fit in facts and circumstances of the case. 2) Learned counsel for the petitioners/decree holders submits that petitioners filed a suit for eviction against the respondents which was allowed by the trial Court and judgment and decree dated 20.09.2011 was passed. Thereafter, respondents preferred Civil Appeal No. 219A/2011 before the learned appellate Court and same was dismissed vide order dated 03.08.2013 and judgment and decree passed by the learned trial Court was affirmed. He argues that thereafter, application for execution was moved before the learned Executing Court on 06.12.2021, but there is no substantial progress. He prays that a direction may be issued to the learned Executing Court to conclude the proceedings at the earliest in light of the judgment passed by the Hon’ble Supreme Court in the matter of Rahul S. Shah vs. Jitendra Kumar Gandhi, 2021 (6) SCC 418. 3) Heard. 4) Having considered the limited prayer made by Mr. Mishra, the instant petition is disposed of with a direction to the learned Executing Court to make all endeavors to conclude the execution proceedings keeping in mind the judgment passed by the Hon’ble Supreme Court in the matter of Rahul S. Shah (supra). 5) With the aforesaid observation(s), and direction(s), the instant petition is hereby disposed of Sd/- (Rakesh Mohan Pandey) JUDGE Ajinkya