Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:6438
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 124 of 2025 Manjudevi Jain W/o Anil Kumar Jain Aged About 58 Years R/o Bhairam Dev Ward, Jagdalpur, District Bastar (Chhattisgarh) Through Her Power Of Attorney Namely Sunil Kumar Jain, S/o Late Keshav Ram Jain, Aged About 54 Years, R/o Near Lagu Nursing Home, Deendayal Upadhyay Nagar, Jagdalpur (Chhattisgarh)
... Petitioner(s) versus
1. State Of Chhattisgarh Through Collector, Bastar, District Jagdalpur (Chhattisgarh)
2. R.S. Dhruv Regional Transport Officer Office R.T.O. Nayapara, Jagdalpur, District Bastar (Jagdalpur) (Chhattisgarh)
3. Jagdish Uike Incharge Officer Transport Check Post, Village Dhanpunji, Tahsil Jagdalpur, District Bastar (Jagdalpur) Chhattisgarh
... Respondent(s) (Cause Title is taken from Case Information System) For Petitioner
: Mr. Manoj Paranjpe, Advocate For State : Mr. Pramod Ramteke, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey
Order on Board
05.
02.2025
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 allow the instant petition and executing court may kindly be directed to dispose off the execution proceedings within a stipulated period and the respondent
2 authorities may further be directed to comply the
judgment and decree passed by the learned trial court in Civil Suit No. 21A/2005 dated 31.12.2005 upheld by the appellate court and the Second appellate court. 10.2 That, this Hon’ble Court may kindly be pleased to grant any other relief, which it deems fit and proper.”
2. Learned counsel for the petitioner/decree holder would submit that a decree of possession was passed in favour of the petitioner on 31.12.2005 by the learned Civil Judge, Class II, Jagdalpur, Bastar and the judgment and decree passed by the said Court has been affirmed by the higher Courts. He would further submit that an application for execution was moved before the learned Executing Court on 20.02.2024, but there is no substantial progress. He would pray 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. On the other hand, learned counsel appearing for the State would oppose.
4. Having considered the limited prayer made by Mr. Paranjpe, the instant petition is disposed of with a direction to the learned Executing Court to make all endeavours 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 $iddhant