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2025 DAILYLAW 55122 (CHH)

ISHWARI BAI ALIAS KRITIKA v. ROHIT KUMAR SINGH

WP227/1071/2025 · 2025-10-28

Shri Sachin Singh Rajput

Civil Appealbody2025

Judgment text

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2025:CGHC:16566 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR W.P.(227) No. 1071 of 2025 1 - Ishwari Bai Alias Kritika W/o Shri Rohit Kumar Aged About 47 Years R/o Village Ranwa, Block Dhamtari Tehsil And Distt. Dhamtari, Chhattisgarh. 2 - Tomin Bai D/o Shri Rohit Kumar Aged About 31 Years R/o Village Ranwa, Block Dhamtari Tehsil And Distt. Dhamtari, Chhattisgarh. ---- Petitioners Versus 1 - Rohit Kumar Singh S/o Shri Anjor Singh Aged About 48 Years R/o Village Kochera, Tehsil Gurur, Distt. Balod, Chhattisgarh; 2 - Ishwar Lal S/o Shri Anjor Singh Aged About 44 Years R/o Village Kochera, Tehsil Gurur, Distt. Balod, Chhattisgarh; 3 - Hiteshwar S/o Shri Rohit Kumar Aged About 28 Years R/o Village Kochera, Tehsil Gurur, Distt. Balod, Chhattisgarh; 4 - Laxmani Bai Banawal W/o Shri Rohit Kumar Aged About 43 Years R/o Village Kochera, Tehsil Gurur, Distt. Balod, Chhattisgarh; 5 - State Of Chhattisgarh Through The Collector, Distt. Balod, Chhattisgarh. Respondents For Petitioner : Shri Prasoon Agrawal, Advocate. For Respondents/State : Shri Shubham Bajpai, P.L. Hon'ble Shri Justice Sachin Singh Rajput Order on Board 29/10/2025 1. This writ petition has been filed seeking for the following relief :- "10.1. It is most respectfully prayed that this Hon’ble Court may graciously be pleased to direct learned Second Civil judge , Balod, District – Balod (Chhattisgarh) to decide the appeal filed by the petitioners, Civil Appeal No. A-20/2019 titled “Smt. Ishwari Bai and Another Vs. Rohit Kumar Singh and Ors. Expeditiously within a period of 01 month in the interest of justice.” ASHISH TIWARI Digitally signed by ASHISH TIWARI Date: 2025.11.11 10:48:23 +0530 -2- 10.2. The Hon’ble Court may kindly be pleased to grant any other ancillary relief, as it may deem fit and proper in the facts and circumstances of the case. 2. Learned counsel for the petitioners submits that petitioner’s have filed a civil suit before the Civil Judge, Class-II, Balod, District – Balod which was registeresd as Civil Suit No.23-A/2017. The suit was dismissed by the learned Civil Judge by judgment and decree dated 16/05/2019. Against which, the petitioner’s have preferred an appeal before learned District Judge, Balod, District- Balod under Section 96 R/w Order 41 Rule 1 and 2 of the Civil Procedure Code, 1908. The appeal is pending since 2019 in which an application under order 41 rule 27 of the CPC has been filed on 08/05/2023 and the proceedings of the appeal is being adjourned on one pretext to another on deciding the application under order 41 rule 27 of the CPC. He submits the learned District Judge may be directed to decide the appeal expeditiously preferably within a reseable period of time. 3. Learned counsel for the State submits that State is a formal party. 4. Heard learned counsel for the parties and perused the record. 5. Perusal of the record indicates that the appeal was filed on 19/06/2019 and it has not been decided as yet. Though some interim applications have been filed but looking to the long pendency of the appeal this court finds it appropriate that the learned District Judge shall expedite the hearing of the appeal and decide the same within a reseanoble period of time without giving unnecessary adjournment to the parties subject to cooperation of the parties. 6. With these observation and direction, this writ petition is disposed of. 7. All the pending applications are also disposed of. SSSd/-d/- (Sachin Singh Rajput) Judge Ashish