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2025 DAILYLAW 55456 (CHH)

HURSI v. DANARDAN

CONT/1869/2025 · 2025-12-18

Shri Narendra Kumar Vyas

body2025

Judgment text

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2025:CGHC:61754 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CONT No. 1869 of 2025 1 - Hursi S/o Late Roopa Aged About 66 Years R/o Village Bataikela, Tahsil Kansabela, District Jashpur (C.G.) 2 - Purno S/o Late Roopa Aged About 56 Years R/o Village Bataikela, Tahsil Kansabela, District Jashpur (C.G.) ... Petitioner(s) versus 1 - Danardan S/o Late Kurso Aged About 86 Years R/o Village Bataikela, Tahsil Kansabel, District Jashpur (C.G.) 2 - Nando (Dead), Through Legal Representative- Vanshidhar S/o Late Nando, R/o Village Bataikela, Tahsil Kansabel, District Jashpur (C.G.) 3 - Kumar (Dead), Through Legal Representatives Nil 3.1 - Aghanu S/o Kumar Aged About 43 Years R/o Village Bataikela, Tahsil Kansabel, District Jashpur (C.G.) 3.2 - Mu. Binhi Wd/o Kumar Aged About 75 Years R/o Village Bataikela, Tahsil Kansabel, District Jashpur (C.G.) 4 - Purno S/o Late Mohan Aged About 64 Years R/o Village Bataikela, Tahsil Kansabel, District Jashpur (C.G.) 5 - Budhu S/o Leela Aged About 50 Years R/o Village Bataikela, Tahsil Kansabel, District Jashpur (C.G.) 6 - Jageshwar S/o Leela Aged About 40 Years R/o Village Bataikela, Tahsil Kansabel, District Jashpur (C.G.) 7 - Purno S/o Shri Duryodhan Aged About 65 Years R/o Village Bataikela, Tahsil Kansabel, District Jashpur (C.G.) 8 - Shankar S/o Shri Rameshwar Aged About 45 Years R/o Village KISHORE KUMAR DESHMUKH Digitally signed by KISHORE KUMAR DESHMUKH Date: 2025.12.19 16:24:36 +0530 Bataikela, Tahsil Kansabel, District Jashpur (C.G.) 9 - Mati Bai Wd/o Rameshwar Aged About 69 Years R/o Village Bataikela, Tahsil Kansabel, District Jashpur (C.G.) 10 - Shri Ritesh Agrawal Collector- Jashpur, Collectorate Building, Raighar Road, District- Jashpur, C.G. 11 - Shri Onkar Yadav Sub Divisonal Officer (R), Bagicha, District- Jashpur, C.G. 12 - Aashta Chandrakar Tehsildar, Kansabel , Bagicha, District- Jashpur, C.G. 13 - Smt. Salomi Ekka Halka Patwari, P.H. No.- 02, Kansabel , Bagicha, District- Jashpur, C.G. 14 - Shri Shashi Mohan Singh Superintendent Of Police, Office Of The Superintendent Of Police, District- Jashpur, C.G. ... Respondent(s) For Petitioners : Mr. Shyam Kumar, Advocate Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 19.12.2025 1. The present contempt petition has been filed by the petitioners alleging non-compliance of the interim order dated 01.04.2025 passed by this Court in S.A. No. 160/2025, whereby the parties were directed to maintain status quo. 2. Since the said interim order was passed in a Second Appeal arising out of a suit for injunction, the petitioners have an efficacious alternative remedy available under Order XXXIX Rule 2(A) of the Code of Civil Procedure, 1908. In view thereof, the present contempt petition under Article 215 of the Constitution of India is not maintainable. 3. Accordingly, the contempt petition is dismissed, with liberty reserved to the petitioners to avail the remedy as provided under Order XXXIX Rule 2(A) of the Code of Civil Procedure, 1908. 4. The certified copy of the impugned order be returned to the learned counsel for the petitioners after furnishing an attested photocopy of the same. Sd/- (Narendra Kumar Vyas) Judge Deshmukh